[Congressional Record Volume 150, Number 84 (Thursday, June 17, 2004)]
[Senate]
[Pages S6971-S6985]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page S6971]]

Senate

   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005--Continued

  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. I ask unanimous consent the Senator from New York, Mrs. 
Clinton, be recognized for 5 minutes to speak?
  Mr. WARNER. We would have to lay this aside. We are waiting for the 
Chair to rule.
  Mr. REID. It doesn't have to be laid aside.
  Mr. WARNER. We wanted to clear the amendment.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. I promise I will speak very briefly. We discussed this 
amendment at great length today. This is an amendment designed to take 
care of and put in a special employee cohort, workers in some very 
dirty nuclear bomb plants in Iowa and Missouri, back in the 1940s and 
1950s. At the request of the managers, we added a number of conditions 
to it. We worked through the authorizations, and the funding of it is 
by authorization. I believe we have worked that out.
  I think the amendment will be set aside. If anybody is really 
interested in it we will be happy to refer them to the Congressional 
Record, and at the appropriate time we will come back and restate why 
this is so important. It is relatively inexpensive--$180 million over 
10 years. I hope my colleagues will be willing to accept it.
  With that, I thank the managers and my cosponsors and I yield the 
floor.
  Mr. WARNER. Mr. President, I want to say at this time, we started 
today's very productive session of amendments with Senator Bond, who 
has remained on the floor now I would say about 9 hours, to obtain what 
you have right now. Well done, sir.
  Mr. BOND. I thank my colleague.
  Mr. WARNER. If it is agreeable to my colleagues, I ask unanimous 
consent that amendment be laid aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


 Amendments Nos. 3173, As Modified; 3202, 3440, As Modified; 3163, As 
  Modified; 3199, as Modified; 3172, As Modified; 3245, As Modified; 
 3285, As Modified; 3254; 3413, As Modified; 3246; 3390, As Modified; 
3273, As Modified; 3284, As Modified; 3434, As Modified; 3401; 3237, As 
                      Modified; 3279, As Modified

  Mr. WARNER. I now send a package of amendments to the desk and ask 
they be considered en bloc.
  The PRESIDING OFFICER. Is there objection? Without objection, the 
amendments will be considered en bloc.
  Is there debate?
  Mr. LEVIN. These amendments have been cleared, I believe, on both 
sides.
  The PRESIDING OFFICER. Without objection, the amendments are agreed 
to en bloc.
  The amendments were agreed to, as follows:


                    amendment no. 3173, as modified

   (Purpose: To provide for the supplemental subsistence allowance, 
 imminent danger pay, family separation allowance, and certain federal 
   assistance to be cumulative benefits; and to require a report on 
    availability of social services to members of the Armed Forces)

       On page 127, between the matter following line 5 and line 
     6, insert the following:

     SEC. 621. RELATIONSHIP BETWEEN ELIGIBILITY TO RECEIVE 
                   SUPPLEMENTAL SUBSISTENCE ALLOWANCE AND 
                   ELIGIBILITY TO RECEIVE IMMINENT DANGER PAY, 
                   FAMILY SEPARATION ALLOWANCE, AND CERTAIN 
                   FEDERAL ASSISTANCE.

       (a) Entitlement Not Affected by Receipt of Imminent Danger 
     Pay and Family Separation Allowance.--Subsection (b)(2) of 
     section 402a of title 37, United States Code, is amended by 
     striking subparagraph (A) and inserting the following:
       ``(A) shall not take into consideration--
       ``(i) the amount of the supplemental subsistence allowance 
     that is payable under this section;
       ``(ii) the amount of special pay (if any) that is payable 
     under section 310 of this section, relating to duty subject 
     to hostile fire or imminent danger; or
       ``(iii) the amount of family separation allowance (if any) 
     that is payable under section 427 of this title; but''.
       (b) Eligibility for Other Federal Assistance.--Section 402a 
     of such title is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Eligibility for Other Federal Assistance.--(1)(A) A 
     child or spouse of a member of the armed forces receiving the 
     supplemental subsistence allowance under this section who, 
     except for the receipt of such allowance, would otherwise be 
     eligible to receive a benefit described in subparagraph (B) 
     shall be considered to be eligible for that benefit.
       ``(B) The benefits referred to in subparagraph (A) are as 
     follows:
       ``(i) Assistance provided under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(ii) Assistance provided under the Child Nutrition Act of 
     1966 (42 U.S.C. 1771 et seq.).
       ``(iii) A service under the Head Start Act (42 U.S.C. 9831 
     et seq.).
       ``(iv) Assistance under the Child Care and Development 
     Block Grant Act of 1990 (42 U.S.C. 9858 et seq.).
       ``(2) A household that includes a member of the armed 
     forces receiving the supplemental subsistence allowance under 
     this section and, except for the receipt of such allowance, 
     would otherwise be eligible to receive a benefit under the 
     Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 
     et seq.) shall be considered to be eligible for that 
     benefit.''.
       (c) Requirement for Report.--(1) Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the committees of Congress named in 
     paragraph (2) a report on the accessibility of social 
     services to members of the Armed Forces and their families. 
     The report shall include the following matters:
       (A) The social services for which members of the Armed 
     Forces and their families are eligible under social services 
     programs generally available to citizens and other nationals 
     of the United States.
       (B) The extent to which members of the Armed Forces and 
     their families utilize the social services for which they are 
     eligible under the programs identified under subparagraph 
     (A).
       (C) The efforts made by each of the military departments--

[[Page S6972]]

       (i) to ensure that members of the Armed Forces and their 
     families are aware of the social services for which they are 
     eligible under the programs identified under subparagraph 
     (A); and
       (ii) to assist members and their families in applying for 
     and obtaining such social services.
       (2) The committees of Congress referred to in paragraph (1) 
     are as follows:
       (A) The Committee on Armed Services and the Committee on 
     Health, Education, Labor, and Pensions of the Senate.
       (B) The Committee on Armed Services of the House of 
     Representatives.
       (d) Effective Date.--(1) Except as provided in paragraph 
     (2), this section and the amendments made by this section 
     shall take effect on October 1, 2004.
       (2) Subsection (c) shall take effect on the date of the 
     enactment of this Act.


                           amendment no. 3202

   (Purpose: To provide relief to mobilized military reservists from 
             certain Federal agricultural loan obligations)

       On page 131, between lines 17 and 18, insert the following:

     SEC. 653. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM 
                   CERTAIN FEDERAL AGRICULTURAL LOAN OBLIGATIONS.

       The Consolidated Farm and Rural Development Act is amended 
     by inserting after section 331F (7 U.S.C. 1981f) the 
     following:

     ``SEC. 332. RELIEF FOR MOBILIZED MILITARY RESERVISTS FROM 
                   CERTAIN AGRICULTURAL LOAN OBLIGATIONS.

       ``(a) Definition of Mobilized Military Reservist.--In this 
     section, the term `mobilized military reservist' means an 
     individual who--
       ``(1) is on active duty under section 688, 12301(a), 
     12301(g), 12302, 12304, 12306, or 12406, or chapter 15 of 
     title 10, United States Code, or any other provision of law 
     during a war or during a national emergency declared by the 
     President or Congress, regardless of the location at which 
     the active duty service is performed; or
       ``(2) in the case of a member of the National Guard, is on 
     full-time National Guard duty (as defined in section 
     101(d)(5) of title 10, United States Code) under a call to 
     active service authorized by the President or the Secretary 
     of Defense for a period of more than 30 consecutive days 
     under section 502(f) of title 32, United States Code, for 
     purposes of responding to a national emergency declared by 
     the President and supported by Federal funds.
       ``(b) Forgiveness of Interest Payments Due While Borrower 
     Is a Mobilized Military Reservist.--Any requirement that a 
     borrower of a direct loan made under this title make any 
     interest payment on the loan that would otherwise be required 
     to be made while the borrower is a mobilized military 
     reservist is rescinded.
       ``(c) Deferral of Principal Payments Due While or After 
     Borrower Is a Mobilized Military Reservist.--The due date of 
     any payment of principal on a direct loan made to a borrower 
     under this title that would otherwise be required to be made 
     while or after the borrower is a mobilized military reservist 
     is deferred for a period equal in length to the period for 
     which the borrower is a mobilized military reservist.
       ``(d) Nonaccrual of Interest.--Interest on a direct loan 
     made to a borrower described in this section shall not accrue 
     during the period the borrower is a mobilized military 
     reservist.
       ``(e) Borrower Not Considered To Be Delinquent or Receiving 
     Debt Forgiveness.--Notwithstanding section 373 or any other 
     provision of this title, a borrower who receives assistance 
     under this section shall not, as a result of the assistance, 
     be considered to be delinquent or receiving debt forgiveness 
     for purposes of receiving a direct or guaranteed loan under 
     this title.''.


                    amendment no. 3440, as modified

  (Purpose: To promote a thorough investigation of the United Nations 
                         Oil-for-Food Program)

       On page 272, after the matter following line 18, insert the 
     following:

     SEC. 1055. UNITED NATIONS OIL-FOR-FOOD PROGRAM

       (a) Responsibility of Inspector General of the Department 
     of Defense for Security of Documents.--(1) The Inspector 
     General of the Department of Defense, in cooperation with the 
     Director of the Defense Contract Audit Agency and the 
     Director of the Defense Contract Management Agency, shall 
     ensure, not later than June 30, 2004, the security of all 
     documents relevant to the United Nations Oil-for-Food Program 
     that are in the possession or control of the Coalition 
     Provisional Authority.
       (2) The Inspector General shall--
       (A) maintain copies of all such documents in the United 
     States at the Department of Defense; and
       (B) not later than August 31, 2004, deliver a complete set 
     of all such documents to the Comptroller General of the 
     United States.
       (b) Cooperation in Investigations.--Each head of an 
     Executive agency, including the Department of State, the 
     Department of Defense, the Department of the Treasury, and 
     the Central Intelligence Agency, and the Administrator of the 
     Coalition Provisional Authority shall, upon a request in 
     connection with an investigation of the United Nations Oil-
     for-Food Program made by the chairman of the Committee on 
     Foreign Relations, the Committee on Armed Services, the 
     Committee on the Judiciary, the Committee on Governmental 
     Affairs, the Select Committee on Intelligence, the Permanent 
     Subcommittee on Investigations, or other committee of the 
     Senate with relevant jurisdiction, promptly provide to such 
     chairman--
       (1) access to any information and documents described in 
     subsections (a) or (c) that are under the control of such 
     agency and responsive to the request; and
       (2) assistance relating to access to and utilization of 
     such information and documents.
       (c) Information from the United Nations.--(1) The Secretary 
     of State shall use the voice and vote of the United States in 
     the United Nations to urge the Secretary-General of the 
     United Nations to provide the United States copies of all 
     audits and core documents related to the United Nations Oil-
     for-Food Program.
       (2) It is the sense of Congress that, pursuant to section 
     941(b)(6) of the United Nations Reform Act of 1999 (title IX 
     of division A of H.R. 3427 of the 106th Congress, as enacted 
     into law by section 1000(a)(7) of Public Law 106-113; 113 
     Stat. 1501A-480), the Comptroller General of the United 
     States should have full and complete access to financial data 
     relating to the United Nations, including information related 
     to the financial transactions, organization, and activities 
     of the United Nations Oil-for-Food Program.
       (3) The Secretary of State shall facilitate the providing 
     of access to the Comptroller General to the financial data 
     described in paragraph (2).
       (d) Review of Oil-for-Food Program by Comptroller 
     General.--(1) The Comptroller General of the United States 
     shall conduct a review of United States oversight of the 
     United Nations Oil-for-Food Program. The review--
       (A) in accordance with Generally Accepted Government 
     Auditing Standards, should not interfere with any ongoing 
     criminal investigations or inquiries related to the Oil-for-
     Food program; and
       (B) may take into account the results of any investigations 
     or inquiries related to the Oil-for-Food program.
       (2) The head of each Executive agency shall fully cooperate 
     with the review under this subsection.
       (e) Executive Agency Defined.--In this section, the term 
     ``Executive agency'' has the meaning given that term in 
     section 105 of title 5, United States Code.


                    amendment no. 3163, as modified

 (Purpose: To provide for improved medical readiness of the members of 
               the Armed Forces, and for other purposes)

       On page 296, between lines 14 and 15, insert the following:

     TITLE XIII--MEDICAL READINESS TRACKING AND HEALTH SURVEILLANCE

     SEC. 1301. ANNUAL MEDICAL READINESS PLAN AND JOINT MEDICAL 
                   READINESS OVERSIGHT COMMITTEE.

       (a) Requirement for Plan.--The Secretary of Defense shall 
     develop a comprehensive plan to improve medical readiness, 
     and Department of Defense tracking of the health status, of 
     members of the Armed Forces throughout their service in the 
     Armed Forces, and to strengthen medical readiness and 
     tracking before, during, and after deployment of the 
     personnel overseas. The matters covered by the comprehensive 
     plan shall include all elements that are described in this 
     title and the amendments made by this title and shall comply 
     with requirements in law.
       (b) Joint Medical Readiness Oversight Committee.--
       (1) Establishment.--The Secretary of Defense shall 
     establish a Joint Medical Readiness Oversight Committee.
       (2) Composition.--The members of the Committee are as 
     follows:
       (A) The Under Secretary of Defense for Personnel and 
     Readiness, who shall chair the Committee.
       (B) The Assistant Secretary of Defense for Health Affairs.
       (C) The Assistant Secretary of Defense for Reserve Affairs.
       (D) The Surgeons General of the Armed Forces.
       (E) The Assistant Secretary of the Army for Manpower and 
     Reserve Affairs.
       (F) The Assistant Secretary of the Navy for Manpower and 
     Reserve Affairs.
       (G) The Assistant Secretary of the Air Force for Manpower, 
     Reserve Affairs, Installations, and Environment.
       (H) The Chief of the National Guard Bureau.
       (I) The Chief of Army Reserve.
       (J) The Chief of Naval Reserve.
       (K) The Chief of Air Force Reserve.
       (L) The Commander, Marine Corps Reserve.
       (M) The Director of the Defense Manpower Data Center.
       (N) A representative of the Department of Veterans Affairs 
     designated by the Secretary of Veterans Affairs.
       (O) Representatives of veterans and military health 
     advocacy organizations appointed to the Committee by the 
     Secretary of Defense.
       (P) An individual from civilian life who is recognized as 
     an expert on military health care treatment, including 
     research relating to such treatment.
       (3) Duties.--The duties of the Committee are as follows:
       (A) To advise the Secretary of Defense on the medical 
     readiness and health status of the members of the active and 
     reserve components of the Armed Forces.
       (B) To advise the Secretary of Defense on the compliance of 
     the Armed Forces with the

[[Page S6973]]

     medical readiness tracking and health surveillance policies 
     of the Department of Defense.
       (C) To oversee the development and implementation of the 
     comprehensive plan required by subsection (a) and the actions 
     required by this title and the amendments made by this title, 
     including with respect to matters relating to--
       (i) the health status of the members of the reserve 
     components of the Armed Forces;
       (ii) accountability for medical readiness;
       (iii) medical tracking and health surveillance;
       (iv) declassification of information on environmental 
     hazards;
       (v) postdeployment health care for members of the Armed 
     Forces; and
       (vi) compliance with Department of Defense and other 
     applicable policies on blood serum repositories.
       (D) To ensure unity and integration of efforts across 
     functional and organizational lines within the Department of 
     Defense with regard to medical readiness tracking and health 
     status surveillance of members of the Armed Forces.
       (E) To establish and monitor compliance with the medical 
     readiness standards that are applicable to members and those 
     that are applicable to units.
       (F) To improve continuity of care in coordination with the 
     Secretary of Veterans Affairs, for members of the Armed 
     Forces separating from active service with service-connected 
     medical conditions.
       (G) To prepare and submit to the Secretary of Defense and 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives, not later than February 1 of each 
     year, a report on--
       (i) the health status and medical readiness of the members 
     of the Armed Forces, including the members of reserve 
     components, based on the comprehensive plan required under 
     subsection (a) and the actions required by this title and the 
     amendments made by this title; and
       (ii) compliance with Department of Defense policies on 
     medical readiness tracking and health surveillance.
       (4) First meeting.--The first meeting of the Committee 
     shall be held not later than 90 days after the date of the 
     enactment of this Act.

     SEC. 1302. MEDICAL READINESS OF RESERVES.

       (a) Comptroller General Study of Health of Reserves Ordered 
     to Active Duty for Operations Enduring Freedom and Iraqi 
     Freedom.--
       (1) Requirement for study.--The Comptroller General of the 
     United States shall carry out a study of the health of the 
     members of the reserve components of the Armed Forces who 
     have been called or ordered to active duty for a period of 
     more than 30 days in support of Operation Enduring Freedom 
     and Operation Iraqi Freedom. The Comptroller General shall 
     commence the study not later than 180 days after the date of 
     the enactment of this Act.
       (2) Purposes.--The purposes of the study under this 
     subsection are as follows:
       (A) To review the health status and medical fitness of the 
     activated Reserves when they were called or ordered to active 
     duty.
       (B) To review the effects, if any, on logistics planning 
     and the deployment schedules for the operations referred to 
     in paragraph (1) that resulted from deficiencies in the 
     health or medical fitness of activated Reserves.
       (C) To review compliance of military personnel with 
     Department of Defense policies on medical and physical 
     fitness examinations and assessments that are applicable to 
     the reserve components of the Armed Forces.
       (3) Report.--The Comptroller General shall, not later than 
     one year after the date of the enactment of this Act, submit 
     a report on the results of the study under this subsection to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives. The report shall include the following 
     matters:
       (A) With respect to the matters reviewed under subparagraph 
     (A) of paragraph (2)--
       (i) the percentage of activated Reserves who were 
     determined to be medically unfit for deployment, together 
     with an analysis of the reasons why the member was unfit, 
     including medical illnesses or conditions most commonly found 
     among the activated Reserves that were grounds for 
     determinations of medical unfitness for deployment; and
       (ii) the percentage of the activated Reserves who, before 
     being deployed, needed medical care for health conditions 
     identified when called or ordered to active duty, together 
     with an analysis of the types of care that were provided for 
     such conditions and the reasons why such care was necessary.
       (B) With respect to the matters reviewed under subparagraph 
     (B) of paragraph (2)--
       (i) the delays and other disruptions in deployment 
     schedules that resulted from deficiencies in the health 
     status or medical fitness of activated Reserves; and
       (ii) an analysis of the extent to which it was necessary to 
     merge units or otherwise alter the composition of units, and 
     the extent to which it was necessary to merge or otherwise 
     alter objectives, in order to compensate for limitations on 
     the deployability of activated Reserves resulting from 
     deficiencies in the health status or medical fitness of 
     activated Reserves.
       (C) With respect to the matters reviewed under subparagraph 
     (C) of paragraph (2), an assessment of the extent of the 
     compliance of reserve component personnel with Department of 
     Defense policies on routine medical and physical fitness 
     examinations that are applicable to the reserve components of 
     the Armed Forces.
       (D) An analysis of the extent to which the medical care, if 
     any, provided to activated Reserves in each theater of 
     operations referred to in paragraph (1) related to 
     preexisting conditions that were not adequately addressed 
     before the deployment of such personnel to the theater.
       (4) Definitions.--In this subsection:
       (A) The term ``activated Reserves'' means the members of 
     the Armed Forces referred to in paragraph (1).
       (B) The term ``active duty for a period of more than 30 
     days'' has the meaning given such term in section 101(d) of 
     title 10, United States Code.
       (C) The term ``health condition'' includes a mental health 
     condition and a dental condition.
       (D) The term ``reserve components of the Armed Forces'' 
     means the reserve components listed in section 10101 of title 
     10, United States Code.
       (b) Accountability for Individual and Unit Medical 
     Readiness.--
       (1) Policy.--The Secretary of Defense shall issue a policy 
     to ensure that individual members and commanders of reserve 
     component units fulfill their responsibilities for medical 
     and dental readiness of members of the units on the basis 
     of--
       (A) frequent periodic health assessment of members (not 
     less frequently than once every two years) using the 
     predeployment assessment procedure required under section 
     1074f of title 10, United States Code, as the minimum 
     standard of medical readiness; and
       (B) any other information on the health status of the 
     members that is available to the commanders.
       (2) Review and followup care.--The regulations under this 
     subsection shall provide for review of the health assessments 
     under paragraph (1) by a medical professional and for any 
     followup care and treatment that is needed for medical or 
     dental readiness.
       (3) Modification of predeployment health assessment 
     survey.--In meeting the policy under paragraph (1), the 
     Secretary shall--
       (A) to the extent practicable, modify the predeployment 
     health assessment survey to bring such survey into conformity 
     with the detailed postdeployment health assessment survey in 
     use as of October 1, 2004; and
       (B) ensure the use of the predeployment health assessment 
     survey, as so modified, for predeployment health assessments 
     after that date.
       (c) Uniform Policy on Deferral of Medical Treatment Pending 
     Deployment to Theaters of Operations.--
       (1) Requirement for policy.--The Secretary of Defense shall 
     prescribe, for uniform applicability throughout the Armed 
     Forces, a policy on deferral of medical treatment of members 
     pending deployment.
       (2) Content.--The policy prescribed under paragraph (1) 
     shall specify the following matters:
       (A) The circumstances under which treatment for medical 
     conditions may be deferred to be provided within a theater of 
     operations in order to prevent delay or other disruption of a 
     deployment to that theater.
       (B) The circumstances under which medical conditions are to 
     be treated before deployment to that theater.

     SEC. 1303. BASELINE HEALTH DATA COLLECTION PROGRAM.

       (a) Requirement for Program.--
       (1) In general.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1092 the 
     following new section:

     ``Sec. 1092a. Persons entering the armed forces: baseline 
       health data

       ``(a) Program Required.--The Secretary of Defense shall 
     carry out a program--
       ``(1) to collect baseline health data from all persons 
     entering the armed forces;
       ``(2) to provide for computerized compilation and 
     maintenance of the baseline health data; and
       ``(3) to analyze the data.
       ``(b) Purposes.--The program under this section shall be 
     designed to achieve the following purposes:
       ``(1) To facilitate understanding of how exposures related 
     to service in the armed forces affect health.
       ``(2) To facilitate development of early intervention and 
     prevention programs to protect health and readiness.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1092 the following new item:

``1092a. Persons entering the armed forces: baseline health data.''.

       (3) Time for implementation.--The Secretary of Defense 
     shall implement the program required under section 1092a of 
     title 10, United States Code (as added by paragraph (1)), not 
     later than two years after the date of the enactment of this 
     Act.
       (b) Interim Standards for Blood Sampling.--The Secretary of 
     Defense shall require under the medical tracking system 
     administered under section 1074f of title 10, United States 
     Code, that--
       (1) the blood samples necessary for the predeployment 
     medical examination of a member of the Armed Forces required 
     under subsection (b) of such section be drawn not earlier 
     than 60 days before the date of the deployment; and
       (2) the blood samples necessary for the postdeployment 
     medical examination of a

[[Page S6974]]

     member of the Armed Forces required under such subsection be 
     drawn not later than 30 days after the date on which the 
     deployment ends.

     SEC. 1304. MEDICAL CARE AND TRACKING AND HEALTH SURVEILLANCE 
                   IN THE THEATER OF OPERATIONS.

       (a) Recordkeeping Policy.--The Secretary of Defense shall 
     prescribe a policy that requires the records of all medical 
     care provided to a member of the Armed Forces in a theater of 
     operations to be maintained as part of a complete health 
     record for the member.
       (b) In-Theater Medical Tracking and Health Surveillance.--
       (1) Requirement for evaluation.--The Secretary of Defense 
     shall evaluate the system for the medical tracking and health 
     surveillance of members of the Armed Forces in theaters of 
     operations and take such actions as may be necessary to 
     improve the medical tracking and health surveillance.
       (2) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     a report on the actions taken under paragraph (1) to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives. The report shall include the following 
     matters:
       (A) An analysis of the strengths and weaknesses of the 
     medical tracking system administered under section 1074f of 
     title 10, United States Code.
       (B) An analysis of the efficacy of health surveillance 
     systems as a means of detecting--
       (i) any health problems (including mental health 
     conditions) of members of the Armed Forces contemporaneous 
     with the performance of the assessment under the system; and
       (ii) exposures of the assessed members to environmental 
     hazards that potentially lead to future health problems.
       (C) An analysis of the strengths and weaknesses of such 
     medical tracking and surveillance systems as a means for 
     supporting future research on health issues.
       (D) Recommended changes to such medical tracking and health 
     surveillance systems.
       (E) A summary of scientific literature on blood sampling 
     procedures used for detecting and identifying exposures to 
     environmental hazards.
       (F) An assessment of whether there is a need for changes to 
     regulations and standards for drawing blood samples for 
     effective tracking and health surveillance of the medical 
     conditions of personnel before deployment, upon the end of a 
     deployment, and for a followup period of appropriate length.
       (c) Plan To Obtain Health Care Records From Allies.--The 
     Secretary of Defense shall develop a plan for obtaining all 
     records of medical treatment provided to members of the Armed 
     Forces by allies of the United States in Operation Enduring 
     Freedom and Operation Iraqi Freedom. The plan shall specify 
     the actions that are to be taken to obtain all such records.
       (d) Policy on In-Theater Personnel Locator Data.--Not later 
     than one year after the date of the enactment of this Act, 
     the Secretary of Defense shall prescribe a Department of 
     Defense policy on the collection and dissemination of in-
     theater individual personnel location data.

     SEC. 1305. DECLASSIFICATION OF INFORMATION ON EXPOSURES TO 
                   ENVIRONMENTAL HAZARDS.

       (a) Requirement for Review.--The Secretary of Defense shall 
     review and, as determined appropriate, revise the 
     classification policies of the Department of Defense with a 
     view to facilitating the declassification of data that is 
     potentially useful for the monitoring and assessment of the 
     health of members of the Armed Forces who have been exposed 
     to environmental hazards during deployments overseas, 
     including the following data:
       (1) In-theater injury rates.
       (2) Data derived from environmental surveillance.
       (3) Health tracking and surveillance data.
       (b) Consultation With Commanders of Theater Combatant 
     Commands.--The Secretary shall, to the extent that the 
     Secretary considers appropriate, consult with the senior 
     commanders of the in-theater forces of the combatant commands 
     in carrying out the review and revising policies under 
     subsection (a).

     SEC. 1306. ENVIRONMENTAL HAZARDS.

       (a) Report on Training of Field Medical Personnel.--
       (1) Requirement for report.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     training on environmental hazards that is provided by the 
     Armed Forces to medical personnel of the Armed Forces who are 
     deployable to the field in direct support of combat 
     personnel.
       (2) Content.--The report under paragraph (1) shall include 
     the following:
       (A) An assessment of the adequacy of the training 
     regarding--
       (i) the identification of common environmental hazards and 
     exposures to such hazards; and
       (ii) the prevention and treatment of adverse health effects 
     of such exposures.
       (B) A discussion of the actions taken and to be taken to 
     improve such training.
       (c) Report on Responses to Health Concerns of Members.--
       (1) Requirement for report.--Not later than 180 days after 
     the date of the enactment of this Act, the Assistant 
     Secretary of Defense for Health Affairs shall submit to the 
     Secretary of Defense and the Committees on Armed Services of 
     the Senate and the House of Representatives a report on 
     Department of Defense responses to concerns expressed by 
     members of the Armed Forces during post-deployment health 
     assessments about possibilities that the members were exposed 
     to environmental hazards deleterious to the members' health 
     during a deployment overseas.
       (2) Content.--The report regarding health concerns 
     submitted under paragraph (1) shall include the following:
       (A) A discussion of the actions taken by Department of 
     Defense officials to investigate the circumstances underlying 
     such concerns in order to determine the validity of the 
     concerns.
       (B) A discussion of the actions taken by Department of 
     Defense officials to evaluate or treat members and former 
     members of the Armed Forces who are confirmed to have been 
     exposed to environmental hazards deleterious to their health 
     during deployments of the Armed Forces.

     SEC. 1307. POST-DEPLOYMENT MEDICAL CARE RESPONSIBILITIES OF 
                   INSTALLATION COMMANDERS.

       (a) Requirement for Regulations.--The Secretary of Defense 
     shall prescribe a policy that requires the commander of each 
     military installation at which members of the Armed Forces 
     are to be processed upon redeployment from an overseas 
     deployment--
       (1) to identify and analyze the anticipated health care 
     needs of such members before the arrival of such members at 
     that installation; and
       (2) to report such needs to the Secretary.
       (b) Health Care To Meet Needs.--The policy under this 
     section shall include procedures for the commander of each 
     military installation described in subsection (a) to meet the 
     anticipated health care needs that are identified by the 
     commander in the performance of duties under the regulations, 
     including the following:
       (1) Arrangements for health care provided by the Secretary 
     of Veterans Affairs.
       (2) Procurement of services from local health care 
     providers.
       (3) Temporary employment of health care personnel to 
     provide services at such installation.

     SEC. 1308. FULL IMPLEMENTATION OF MEDICAL READINESS TRACKING 
                   AND HEALTH SURVEILLANCE PROGRAM AND FORCE 
                   HEALTH PROTECTION AND READINESS PROGRAM.

       (a) Implementation at All Levels.--The Secretary of 
     Defense, in conjunction with the Secretaries of the military 
     departments, shall take such actions as are necessary to 
     ensure that the Army, Navy, Air Force, and Marine Corps fully 
     implement at all levels--
       (1) the Medical Readiness Tracking and Health Surveillance 
     Program under this title and the amendments made by this 
     title; and
       (2) the Force Health Protection and Readiness Program of 
     the Department of Defense (relating to the prevention of 
     injury and illness and the reduction of disease and noncombat 
     injury threats).
       (b) Action Official.--The Secretary of Defense may act 
     through the Under Secretary of Defense for Personnel and 
     Readiness in carrying out subsection (a).

     SEC. 1309. OTHER MATTERS.

       (a) Annual Reports.--
       (1) Requirement for reports.--
       (A) Chapter 55 of title 10, United States Code, is amended 
     by inserting after section 1073a the following new section:

     ``Sec. 1073b. Recurring reports

       ``(a) Annual Report on Health Protection Quality.--(1) The 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives each 
     year a report on the Force Health Protection Quality 
     Assurance Program of the Department of Defense. The report 
     shall include the following matters:
       ``(A) The results of an audit of the extent to which the 
     serum samples required to be obtained from members of the 
     armed forces before and after a deployment are stored in the 
     serum repository of the Department of Defense.
       ``(B) The results of an audit of the extent to which the 
     health assessments required for members of the armed forces 
     before and after a deployment are being maintained in the 
     electronic database of the Defense Medical Surveillance 
     System.
       ``(C) An analysis of the actions taken by the Department of 
     Defense personnel to respond to health concerns expressed by 
     members of the armed forces upon return from a deployment.
       ``(D) An analysis of the actions taken by the Secretary to 
     evaluate or treat members and former members of the armed 
     forces who are confirmed to have been exposed to occupational 
     or environmental hazards deleterious to their health during a 
     deployment.
       ``(2) The Secretary of Defense shall act through the 
     Assistant Secretary of Defense for Health Affairs in carrying 
     out this subsection.
       ``(b) Annual Report on Recording of Health Assessment Data 
     in Military Personnel Records.--The Secretary of Defense 
     shall issue each year a report on the compliance by the 
     military departments with applicable policies on the 
     recording of health assessment data in military personnel 
     records. The report shall include a discussion of the extent 
     to which immunization status and

[[Page S6975]]

     predeployment and postdeployment health care data is being 
     recorded in such records.''.
       (B) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1073a the following new item:

``1073b. Recurring reports.''.

       (2) Initial report.--The first report under section 
     1073b(a) of title 10, United States Code (as added by 
     paragraph (1)), shall be completed not later than 180 days 
     after the date of the enactment of this Act.
       (b) Internet Accessibility of Health Assessment Information 
     for Members of the Armed Forces.--Not later than one year 
     after the date of the enactment of this Act, the Chief 
     Information Officer of each military department shall ensure 
     that the online portal website of that military department 
     includes the following information relating to health 
     assessments:
       (1) Information on the Department of Defense policies 
     regarding predeployment and postdeployment health 
     assessments, including policies on the following matters:
       (A) Health surveys.
       (B) Physical examinations.
       (C) Collection of blood samples and other tissue samples.
       (2) Procedural information on compliance with such 
     policies, including the following information:
       (A) Information for determining whether a member is in 
     compliance.
       (B) Information on how to comply.
       (3) Health assessment surveys that are either--
       (A) web-based; or
       (B) accessible (with instructions) in     printer-ready 
     form by download.

     SEC. 1310. USE OF CIVILIAN EXPERTS AS CONSULTANTS.

       Nothing in this title or an amendment made by this title 
     shall be construed to limit the authority of the Secretary of 
     Defense to procure the services of experts outside the 
     Federal Government for performing any function to comply with 
     requirements for readiness tracking and health surveillance 
     of members of the Armed Forces that are applicable to the 
     Department of Defense.


                    amendment no. 3199, as modified

(Purpose: To authorize United Service Organizations, Incorporated (USO) 
      to procure supplies and services from the General Services 
  Administration supplies and services on the Federal Supply Schedule)

       On page 195, between lines 10 and 11, insert the following:

     SEC. 868. AVAILABILITY OF FEDERAL SUPPLY SCHEDULE SUPPLIES 
                   AND SERVICES TO UNITED SERVICE ORGANIZATIONS, 
                   INCORPORATED.

       Section 220107 of title 36, United States Code, is amended 
     by inserting after ``Department of Defense'' the following: 
     ``, including access to General Services Administration 
     supplies and services through the Federal Supply Schedule of 
     the General Services Administration,''


                    amendment no. 3172, as modified

     (Purpose: To express the sense of the Senate that perchlorate 
  contamination of ground and surface water is becoming increasingly 
    problematic to the public health of people in the United States)

       On page 48, between lines 7 and 8, insert the following:

     SEC. 326. SENSE OF SENATE ON PERCHLORATE CONTAMINATION OF 
                   GROUND AND SURFACE WATER.

       (a) Findings.--The Senate makes the following findings:
       (1) Because finite water sources in the United States are 
     stretched by regional drought conditions and increasing 
     demand for water supplies, there is increased need for safe 
     and dependable supplies of fresh water for drinking and use 
     for agricultural purposes.
       (2) Perchlorate, a naturally occurring and manmade compound 
     with medical, commercial, and national defense applications, 
     which has been used primarily in military munitions and 
     rocket fuels, has been detected in fresh water sources 
     intended for use as drinking water and water necessary for 
     the production of agricultural commodities.
       (3) If ingested in sufficient concentration and in adequate 
     duration, perchlorate may interfere with thyroid metabolism, 
     and this effect may impair the normal development of the 
     brain in fetuses and newborns.
       (4) The Federal Government has not yet established a 
     drinking water standard for perchlorate.
       (5) The National Academy of Sciences is conducting an 
     assessment of the state of the science regarding the effects 
     on human health of perchlorate ingestion that will aid in 
     understanding the effect of perchlorate exposure on sensitive 
     populations.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) perchlorate has been identified as a contaminant of 
     drinking water sources or in the environment in 34 States and 
     has been used or manufactured in 44 States;
       (2) perchlorate exposure at or above a certain level may 
     adversely affect public health, particularly the health of 
     vulnerable and sensitive populations; and
       (3) the Department of Defense should--
       (A) work to develop a national plan to remediate 
     perchlorate contamination of the environment resulting from 
     Department's activities to ensure the Department is prepared 
     to respond quickly and appropriately once a drinking water 
     standard is established;
       (B) in cases in which the Department is already remediating 
     perchlorate contamination, continue that remediation;
       (C) prior to the development of a drinking water standard 
     for perchlorate, develop a plan to remediate perchlorate 
     contamination in cases in which such contamination from the 
     Department's activities is present in ground or surface water 
     at levels that pose a hazard to human health; and
       (D) continue the process of evaluating and prioritizing 
     sites without waiting for the development of a Federal 
     standard.


                    amendment no. 3245, as modified

  (Purpose: To require two reports on operation of the Federal Voting 
Assistance Program and the military postal system together with certain 
             actions to improve the military postal system)

       On page 247, between lines 13 and 14, insert the following:

     SEC. 1022. OPERATION OF THE FEDERAL VOTING ASSISTANCE PROGRAM 
                   AND THE MILITARY POSTAL SYSTEM.

       (a) Requirement for Reports.--(1) The Secretary of Defense 
     shall submit to Congress two reports on the actions that the 
     Secretary has taken to ensure that--
       (A) the Federal Voting Assistance Program functions 
     effectively to support absentee voting by members of the 
     Armed Forces deployed outside the United States in support of 
     Operation Iraqi Freedom, Operation Enduring Freedom, and all 
     other contingency operations; and
       (B) the military postal system functions effectively to 
     support the morale of the personnel described in subparagraph 
     (A) and absentee voting by such members.
       (2)(A) The first report under paragraph (1) shall be 
     submitted not later than 60 days after the date of the 
     enactment of this Act.
       (B) The second report under paragraph (1) shall be 
     submitted not later than 60 days after the date on which the 
     first report is submitted under that paragraph.
       (3) In this subsection, the term ``Federal Voting 
     Assistance Program'' means the program referred to in section 
     1566(b)(1) of title 10, United States Code.
       (b) Implementation of Recommended Postal System 
     Improvements.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth--
       (1) the actions taken to implement the recommendations of 
     the Military Postal Service Agency Task Force, dated 28 
     August 2000; and
       (2) in the case of each such recommendation not implemented 
     or not fully implemented as of the date of report, the 
     reasons for not implementing or not fully implementing such 
     recommendation, as the case may be.


                    amendment no. 3285, as modified

(Purpose: To amend title 32, United States Code, to provide for the use 
 of members of the National Guard on full-time National Guard duty for 
    carrying out homeland security activities in support of Federal 
                               agencies)

       On page 208, between lines 16 and 17, insert the following:

     SEC. 906. HOMELAND SECURITY ACTIVITIES OF THE NATIONAL GUARD.

       (a) Authority.--Chapter 1 of title 32, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. Homeland security activities

       ``(a) Use of Personnel Performing Full-Time National Guard 
     Duty.--The Governor of a State may, upon the request by the 
     head of a Federal agency and with the concurrence of the 
     Secretary of Defense, order any personnel of the National 
     Guard of the State to perform full-time National Guard duty 
     under section 502(f) of this title for the purpose of 
     carrying out homeland security activities, as described in 
     subsection (b).
       ``(b) Purpose and Duration.--(1) The purpose for the use of 
     personnel of the National Guard of a State under this section 
     is to temporarily provide trained and disciplined personnel 
     to a Federal agency to assist that agency in carrying out 
     homeland security activities.
       ``(2) The duration of the use of the National Guard of a 
     State under this section shall be limited to a period of 180 
     days. The Governor of the State may, with the concurrence of 
     the Secretary of Defense, extend the period one time for an 
     additional 90 days to meet extraordinary circumstances.
       ``(c) Relationship to Required Training.-- A member of the 
     National Guard serving on full-time National Guard duty under 
     orders authorized under subsection (a) shall participate in 
     the training required under section 502(a) of this title in 
     addition to the duty performed for the purpose authorized 
     under that subsection. The pay, allowances, and other 
     benefits of the member while participating in the training 
     shall be the same as those to which the member is entitled 
     while performing duty for the purpose of carrying out 
     homeland security activities. The member is not entitled to 
     additional pay, allowances, or other benefits for 
     participation in training required under section 502(a)(1) of 
     this title.
       ``(d) Readiness.--To ensure that the use of units and 
     personnel of the National Guard of a State for homeland 
     security activities does not degrade the training and 
     readiness of such units and personnel, the following 
     requirements shall apply in determining the homeland security 
     activities that units and

[[Page S6976]]

     personnel of the National Guard of a State may perform:
       ``(1) The performance of the activities may not adversely 
     affect the quality of that training or otherwise interfere 
     with the ability of a member or unit of the National Guard to 
     perform the military functions of the member or unit.
       ``(2) National Guard personnel will not degrade their 
     military skills as a result of performing the activities.
       ``(3) The performance of the activities will not result in 
     a significant increase in the cost of training.
       ``(4) In the case of homeland security performed by a unit 
     organized to serve as a unit, the activities will support 
     valid unit training requirements.
       ``(e) Payment of Costs.--(1) The Secretary of Defense shall 
     provide funds to the Governor of a State to pay costs of the 
     use of personnel of the National Guard of the State for the 
     performance of homeland security activities under this 
     section. Such funds shall be used for the following costs:
       ``(A) The pay, allowances, clothing, subsistence, 
     gratuities, travel, and related expenses (including all 
     associated training expenses, as determined by the 
     Secretary), as authorized by State law, of personnel of the 
     National Guard of that State used, while not in Federal 
     service, for the purpose of homeland security activities.
       ``(B) The operation and maintenance of the equipment and 
     facilities of the National Guard of that State used for the 
     purpose of homeland security activities.
       ``(2) The Secretary of Defense shall require the head of an 
     agency receiving support from the National Guard of a State 
     in the performance of homeland security activities under this 
     section to reimburse the Department of Defense for the 
     payments made to the State for such support under paragraph 
     (1).
       ``(f) Memorandum of Agreement.--The Secretary of Defense 
     and the Governor of a State shall enter into a memorandum of 
     agreement with the head of each Federal agency to which the 
     personnel of the National Guard of that State are to provide 
     support in the performance of homeland security activities 
     under this section. The memorandum of agreement shall--
       ``(1) specify how personnel of the National Guard are to be 
     used in homeland security activities;
       ``(2) include a certification by the Adjutant General of 
     the State that those activities are to be performed at a time 
     when the personnel are not in Federal service;
       ``(3) include a certification by the Adjutant General of 
     the State that--
       ``(A) participation by National Guard personnel in those 
     activities is service in addition to training required under 
     section 502 of this title; and
       ``(B) the requirements of subsection (d) of this section 
     will be satisfied;
       ``(4) include a certification by the Attorney General of 
     the State (or, in the case of a State with no position of 
     Attorney General, a civilian official of the State equivalent 
     to a State attorney general), that the use of the National 
     Guard of the State for the activities provided for under the 
     memorandum of agreement is authorized by, and is consistent 
     with, State law;
       ``(5) include a certification by the Governor of the State 
     or a civilian official of the State designated by the 
     Governor that the activities provided for under the 
     memorandum of agreement serve a State security purpose; and
       ``(6) include a certification by the head of the Federal 
     agency that the agency will have a plan to ensure that the 
     agency's requirement for National Guard support ends not 
     later than 179 days after the commencement of the support.
       ``(g) Exclusion From End-Strength Computation.--
     Notwithstanding any other provision of law, members of the 
     National Guard on active duty or full-time National Guard 
     duty for the purposes of administering (or during fiscal year 
     2003 otherwise implementing) this section shall not be 
     counted toward the annual end strength authorized for 
     Reserves on active duty in support of the reserve components 
     of the armed forces or toward the strengths authorized in 
     sections 12011 and 12012 of title 10.
       ``(h) Annual Report.--The Secretary of Defense shall submit 
     to Congress an annual report regarding any assistance 
     provided and activities carried out under this section during 
     the preceding fiscal year. The report shall include the 
     following:
       ``(1) The number of members of the National Guard excluded 
     under subsection (g) from the computation of end strengths.
       ``(2) A description of the homeland security activities 
     conducted with funds provided under this section.
       ``(3) An accounting of the amount of funds provided to each 
     State.
       ``(4) A description of the effect on military training and 
     readiness of using units and personnel of the National Guard 
     to perform homeland security activities under this section.
       ``(i) Statutory Construction.--Nothing in this section 
     shall be construed as a limitation on the authority of any 
     unit of the National Guard of a State, when such unit is not 
     in Federal service, to perform functions authorized to be 
     performed by the National Guard by the laws of the State 
     concerned.
       ``(j) Definitions.--For purposes of this section:
       ``(1) The term `Governor of a State' means, in the case of 
     the District of Columbia, the Commanding General of the 
     National Guard of the District of Columbia.
       ``(2) The term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such section is amended by adding at the end the 
     following new item:

``116. Homeland security activities.''.


                           amendment no. 3254

    (Purpose: To repeal a requirement for an officer to retire upon 
   termination of service as Superintendent of the Air Force Academy)

         On page 84, between the matter following line 13 and line 
     14, insert the following:

     SEC. 535. REPEAL OF REQUIREMENT FOR OFFICER TO RETIRE UPON 
                   TERMINATION OF SERVICE AS SUPERINTENDENT OF THE 
                   AIR FORCE ACADEMY.

       (a) Repeals.--Sections 8921 and 9333a of title 10, United 
     States Code, are repealed.
       (b) Clerical Amendments.--Subtitle D of title 10, United 
     States Code, is amended--
       (1) in the table of sections at the beginning of chapter 
     867, by striking the item relating to section 8921; and
       (2) in the table of sections at the beginning of chapter 
     903, by striking the item relating to section 9333a.


                    amendment no. 3413, as modified

     (Purpose: To amend the Science, Mathematics, and Research for 
       Transformation (SMART) Defense Scholarship Pilot Program)

       On page 285, line 1, insert ``, the Committee on 
     Governmental Affairs of the Senate, and the Committee on 
     Government Reform of the House of Representatives'' after 
     ``Representatives''.
       On page 285, between lines 9 and 10, insert the following:
       (g) Critical Hiring Need.--Section 3304(a)(3) of title 5, 
     United States Code, is amended by striking subparagraph (B) 
     and inserting the following:
       ``(B)(i) the Office of Personnel Management has determined 
     that there exists a severe shortage of candidates or there is 
     a critical hiring need; or
       ``(ii) the candidate is a participant in the Science, 
     Mathematics, and Research for Transformation (SMART) Defense 
     Scholarship Pilot Program under section 1101 of the National 
     Defense Authorization Act for Fiscal Year 2005.''.
       On page 285, line 9, strike ``(g)'' and insert ``(h)''.


                           amendment no. 3246

(Purpose: To permit qualified HUBZone small business concerns and small 
business concerns owned and controlled by service-disabled veterans to 
participate in the mentor-protege program of the Department of Defense)

       At the end of subtitle G of title X, add the following:

     SEC. __. MENTOR-PROTEGE PILOT PROGRAM.

       Section 831(m)(2) of the National Defense Authorization Act 
     for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 
     note) is amended--
       (1) in subparagraph (D), by striking ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(F) a small business concern owned and controlled by 
     service-disabled veterans (as defined in section 8(d)(3) of 
     the Small Business Act); and
       ``(G) a qualified HUBZone small business concern (as 
     defined in section 3(p) of the Small Business Act).''.


                    amendment no. 3390, as modified

 (Purpose: To express the sense of Congress on the Global Partnership 
           Against the Spread of Weapons of Mass Destruction)

       At the end of subtitle F of title X, add the following:

     SEC. 1055. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP 
                   AGAINST THE SPREAD OF WEAPONS OF MASS 
                   DESTRUCTION.

       It is the sense of Congress that the President should be 
     commended for the steps taken at the G-8 summit at Sea 
     Island, Georgia, on June 8-10, 2004, to demonstrate continued 
     support for the Global Partnership against the Spread of 
     Nuclear Weapons and Materials of Mass Destruction and to 
     expand the Partnership by welcoming new members and using the 
     Partnership to coordinate non-proliferation projects in 
     Libya, Iraq and other countries; and that the President 
     should continue to--
       (1) expand the membership of donor nations to the 
     Partnership;
       (2) insure that Russia remains the primary partner of the 
     Partnership while also seeking to fund through the 
     Partnership efforts in other countries with potentially 
     vulnerable weapons or materials;
       (3) develop for the Partnership clear program goals;
       (4) develop for the Partnership transparent project 
     prioritization and planning;
       (5) develop for the Partnership project implementation 
     milestones under periodic review;
       (6) develop under the Partnership agreements between 
     partners for project implementation; and
       (7) give high priority and senior-level attention to 
     resolving disagreements on site

[[Page S6977]]

     access and worker liability under the Partnership.


                    amendment no. 3273, as modified

 (Purpose: To revise and extend the authority for an advisory panel on 
         review of Government procurement laws and regulations)

       On page 158, between lines 6 and 7, insert the following:

     SEC. 805. REVISION AND EXTENSION OF AUTHORITY FOR ADVISORY 
                   PANEL ON REVIEW OF GOVERNMENT PROCUREMENT LAWS 
                   AND REGULATIONS.

       (a) Relationship of Recommendations to Small Businesses.--
     Section 1423 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 106-136; 117 Stat. 1669; 41 
     U.S.C. 405 note) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Issues Relating to Small Businesses.--In developing 
     recommendations under subsection (c)(2), the panel shall--
       ``(1) consider the effects of its recommendations on small 
     business concerns; and
       ``(2) include any recommended modifications of laws, 
     regulations, and policies that the panel considers necessary 
     to enhance and ensure competition in contracting that affords 
     small business concerns meaningful opportunity to participate 
     in Federal Government contracts.''.
       (b) Revision and Extension of Reporting Requirement.--
     Section 1423(d) of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1669; 41 
     U.S.C. 405 note) is amended--
       (1) by striking ``one year after the establishment of the 
     panel'' and inserting ``one year after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2005'';
       (2) by striking ``Services and'' both places it appears and 
     inserting ``Services,'';
       (3) by inserting ``, and Small Business'' after 
     ``Government Reform''; and
       (4) by inserting ``, and Small Business and 
     Entrepreneurship'' after ``Governmental Affairs''.


                    amendment no. 3284, as modified

   (Purpose: To require an independent report on the efforts of the 
  National Nuclear Security Administration to understand the aging of 
                     plutonium in nuclear weapons)

       On page 394, after line 22, insert the following:

     SEC. 3122. REPORT ON EFFORTS OF NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION TO UNDERSTAND PLUTONIUM AGING.

       (a) Study.--(1) The Administrator for Nuclear Security 
     shall enter into a contract with a Federally Funded Research 
     and Development Center (FFROC) providing for a study to 
     assess the efforts of the National Nuclear Security 
     Administration to understand the aging of plutonium in 
     nuclear weapons.
       (2) The Administrator shall make available to the FFROC 
     contractor under this subsection all information that is 
     necessary for the contractor to successfully complete a 
     meaningful study on a timely basis.
       (b) Report Required.--(1) Not later than two years after 
     the date of the enactment of this Act, the Administrator 
     shall submit to Congress a report on the findings of the 
     study on the efforts of the Administration to understand the 
     aging of plutonium in nuclear weapons.
       (2) The report shall include the recommendations of the 
     study for improving the knowledge, understanding, and 
     application of the fundamental and applied sciences related 
     to the study of plutonium aging.
       (3) The report shall be submitted in unclassified form, but 
     may include a classified annex.


                    amendment no. 3434, as modified

  (Purpose: To express the sense of the Senate on the effects of cost 
inflation on the value range of the contracts to which a small business 
                     contract reservation applies)

       On page 164, after line 18, insert the following:

     SEC. 816. SENSE OF THE SENATE ON EFFECTS OF COST INFLATION ON 
                   THE VALUE RANGE OF THE CONTRACTS TO WHICH A 
                   SMALL BUSINESS CONTRACT RESERVATION APPLIES.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) in the administration of the requirement for 
     reservation of contracts for small businesses under 
     subsection (j) of section 15 of the Small Business Act (15 
     U.S.C. 644), the maximum amount in the contract value range 
     provided under that subsection should be treated as being 
     adjusted to the same amount to which the simplified 
     acquisition threshold is increased whenever such threshold is 
     increased under law; and
       (2) the Administrator for Federal Procurement Policy, in 
     consultation with the Federal Acquisition Regulatory Council, 
     should ensure that appropriate governmentwide policies and 
     procedures are in place--
       (A) to monitor socioeconomic data concerning purchases made 
     by means of purchase cards or credit cards issued for use in 
     transactions on behalf of the Federal Government; and
       (B) to encourage the placement of a fair portion of such 
     purchases with small businesses consistent with 
     governmentwide goals for small business prime contracting 
     established under section 15(g) of the Small Business Act (15 
     U.S.C. 644(g)).
       (b) Simplified Acquisition Threshold Defined.--In this 
     section, the term ``simplified acquisition threshold'' has 
     the meaning given such term in section 4(11) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(11)).


                           amendment no. 3401

(Purpose: To amend the Federal Fire Prevention and Control Act of 1974 
 to provide financial assistance for the improvement of the health and 
 safety of firefighters, promote the use of life saving technologies, 
and achieve greater equity for departments serving large jurisdictions)

       (The amendment is printed in the Record of Monday, June 7, 
     2004)


                    amendment no. 3237, as modified

(Purpose: To ensure fairness in the standards applied to members of the 
  Army in the awarding of the Combat Infantryman Badge and the Combat 
   Medical Badge for service in Korea in comparison to the standards 
   applied to members of the Army in the awarding of such badges for 
                 service in other areas of operations)

       On page 86, between lines 9 and 10, insert the following:

     SEC. 543. PLAN FOR REVISED CRITERIA AND ELIGIBILITY 
                   REQUIREMENTS FOR AWARD OF COMBAT INFANTRYMAN 
                   BADGE AND COMBAT MEDICAL BADGE FOR SERVICE IN 
                   KOREA AFTER JULY 28, 1953.

       (a) Requirement for Plan.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of the Army 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a plan for revising 
     the Army's criteria and eligibility requirements for award of 
     the Combat Infantryman Badge and the Combat Medical Badge for 
     service in the Republic of Korea after July 28, 1953, to 
     fulfill the purpose stated in subsection (b).
       (b) Purpose of Revised Criteria and Eligibility 
     Requirements.--The purpose for revising the criteria and 
     eligibility requirements for award of the Combat Infantryman 
     Badge and the Combat Medical Badge for service in the 
     Republic of Korea after July 28, 1953, is to ensure fairness 
     in the standards applied to Army personnel in the awarding of 
     such badges for Army service in the Republic of Korea in 
     comparison to the standards applied to Army personnel in the 
     awarding of such badges for Army service in other areas of 
     operations.


                    amendment no. 3279, as modified

 (Purpose: To require a report on any relationships between terrorist 
      organizations based in Colombia and foreign governments and 
                             organizations)

       On page 269, between lines 2 and 3, insert the following:
       (f) Report on Relationships Between Terrorist Organizations 
     in Colombia and Foreign Governments and Organizations.--(1) 
     Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of State shall, in consultation with 
     the Secretary of Defense and the Director of Central 
     Intelligence, submit to the congressional defense committees 
     and the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives a report that describes--
       (A) any relationships between foreign governments or 
     organizations and organizations based in Colombia that have 
     been designated as foreign terrorist organizations under 
     United States law, including the provision of any direct or 
     indirect assistance to such organizations; and
       (B) United States policies that are designed to address 
     such relationships.
       (2) The report under paragraph (1) shall be submitted in 
     unclassified form, but may include a classified annex.


                           amendment no. 3279

  Mr. NELSON of Florida. Mr. President, I rise to address amendment No. 
3279 to the pending bill. This amendment asks the administration to 
report on any relationships between foreign governments or groups 
operating within their territories and foreign terrorist organizations 
in Colombia. It also asks the administration to describe United States 
policies that are designed to address such relationships.
  This amendment, tragically, is extremely timely in light of today's 
news. This morning's Miami Herald reported that in Little River, 
Colombia, in the province of Norte de Santander, over 30 peasants were 
murdered in cold blood. Terrorists entered their residencies and shot 
them to death with automatic weapons. The FARC is suspected to have 
committed this crime. While Colombia, with tremendous support of the 
U.S., has made great strides in fighting narcoterrorism under President 
Uribe, there is still much work to be done, as is underscored by 
yesterday's events.
  The FARC and the ELN, Colombia's two main rebel groups, both of which 
have been designated by the United States as foreign terrorist 
organizations, continue to conduct terrorist attacks against civilians 
in their campaign against the Colombian government. These groups are 
also heavily involved in the drug trade that does so

[[Page S6978]]

much harm to Colombia and to our own country. At a time when Colombia 
is making slow but steady gains in its long struggle against the FARC, 
the last thing it needs is to have neighboring countries providing 
assistance to these brutal adversaries.
  To be perfectly blunt, my primary concern is with Venezuela. On my 
visit to Colombia and Venezuela in April, I heard some disturbing 
accounts from various U.S. officials of instances in which the FARC had 
been able to cross the line into Venezuela and conduct operations from 
that side of the border from virtual safe havens. Colombian authorities 
are also suspicious that the Chavez government has been willing to, at 
a minimum, look the other way while FARC elements operate in Venezuela, 
if not actually permitting some level of coordination.
  Threatening to compound the ``safe haven'' problem for the United 
States and Colombia is the fact that Venezuela also harbors a potent 
market in false documentation, such as passports and other identity 
cards. I am increasingly concerned at the ease with which, simply by 
buying off officials for $800 or $900, one can acquire fully 
legitimate, yet false, documents in Venezuela--everything from a 
passport to a driver's license. I am certainly concerned that 
international terrorist groups will discover their ability to acquire 
and make use of forged Venezuela documents to conduct terrorist 
attacks, and I raised these important issues with Venezuelan officials 
during my visit.
  Naturallly, the Venezuelan government disputes these serious 
allegations. What this amendment would do is help us establish the 
facts. If groups in Colombia that our government has designated as 
foreign terrorist organizations are receiving support or assistance 
from Venezuela, or any of Colombia's other neighbors, or any other 
state for that matter, we need to know about it and adjust our policies 
accordingly.
  Right now, Colombia needs all the help it can get from its neighbors. 
In asking the administration to report on whether terrorist groups may 
have relationships with or be operating in neighboring countries such 
as Venezuela, perhaps we can address this problem in a more regional 
context and better understand what Colombia is up against.
  I thank the chairman and ranking member and their staffs for their 
support.


                           amendment no. 3401

  Mr. DODD. Mr. President, it is my understanding that Senate amendment 
No. 3401 is acceptable to both the chair and ranking member. This 
amendment would reauthorize the Assistance to Firefighters Grant 
Program, or the FIRE Act, for the next 6 years.
  It is based on bipartisan legislation introduced by Senator DeWine 
and myself on May 11, 2004. The bill, S. 2411, currently has 39 co-
sponsors, including the distinguished Chairman and Ranking Member of 
the Senate Armed Services Committee.
  As many of our colleagues know, the Senate approved by unanimous 
consent the original FIRE Act as part of the Defense Authorization bill 
4 years ago. There is some precedent, then, for this amendment to the 
current Defense Authorization bill, despite the fact that the 
legislation falls under the jurisdiction of the Senate Commerce 
Committee.
  Unless Congress quickly reauthorizes the FIRE Act grant program, it 
will expire at the end of the current fiscal year on September 30, 
2004. If this legislation is not quickly enacted, fire departments 
throughout the Nation will not receive the assistance they need to 
fight fires, save lives, and protect their own.
  I have consulted with the distinguished Chairman of the Senate 
Commerce Committee about the urgency of reauthorizing the FIRE Act 
before the fiscal year ends. He is fully aware of the fact that we have 
precious few legislative days left on the Senate Calendar. Accordingly, 
he has indicated to me his intention to hold a hearing on the 
reauthorization bill on July 8, with a markup to follow before the 
August recess.
  Assuming that this schedule holds firm, my expectation is that 
legislation passed by the Commerce Committee would take the place of 
amendment No. 3401. In the event that work on the Defense Authorization 
Act is not completed this year, I am also prepared to move the FIRE Act 
reauthorization as a free-standing bill. Alternatively, should the 
Commerce Committee not act on this legislation, the Senate will have at 
least acted to reauthorize the FIRE Act adopting amendment No. 3401.

  In closing, I thank Senator McCain for his leadership on this issue, 
and his unwavering commitment over the years to advancing the cause of 
firefighters. I also commend Chairman Warner and Senator Levin for 
their willingness to help the Nation's fire services on the Defense 
Authorization bill both today and 4 years ago. Finally, I would like to 
express my appreciation to Senator Hollings for his wise counsel and 
strong support for the FIRE Act initiative.
  I yield to the distinguished Senator from Virginia.
  Mr. WARNER. Mr. President. I thank the Senator from Connecticut. I am 
prepared to accept this amendment based on the understanding he has 
reached with the distinguished Chairman of the Commerce Committee.
  As Senator Dodd indicated, the Commerce Committee plans to hold a 
hearing on the FIRE Act on July 8, with a markup expected shortly 
thereafter. I look forward to working with Senators McCain, Dodd, and 
DeWine to ensure that this important legislation to help our Nation's 
fire departments is enacted into law this year.
  Mr. McCAIN. I thank the distinguished Chairman of the Armed Services 
and my friend from Connecticut for the opportunity to work with them to 
reauthorize this important program.
  As Chairman of the committee of jurisdiction over the Assistance to 
Firefighters Grant Program, I am familiar with this program's success. 
This program provides grants to local fire departments using a 
competitive, merit-based review process. I agree with my colleagues 
that this program is an example of a well-run government program that 
should be reauthorized, and am proud to be a cosponsor of S. 2411.
  I have consented to allow Senator Dodd's amendment be added to this 
important legislation as a placeholder. The Senate Commerce Committee 
intends to hold a hearing on S. 2411 on July 8, 2004, and then we 
expect to report the bill out of Committee by the August recess. It is 
my intention that this reported version of S. 2411 be used to replace 
the placeholder during the conference for S. 2400.
  I thank Senators Dodd, Warner, and DeWine for their leadership on 
this issue, and look forward to working with them to pass this 
legislation this year.
  Mr. LEVIN. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WARNER. Before the Senator from New York speaks, I wonder if I 
might get the attention of the distinguished whip?
  If we can have assurance, as the managers depart the floor, to do 
some other work, that this will be the final action on this bill 
tonight?
  Mr. REID. I will indicate, as both managers know, tomorrow Senator 
Lautenberg is going to offer two amendments, Senator Durbin is going to 
offer two amendments, Senator Reed is going to offer his amendment, if 
he so chooses, on missile defense, and I am going to offer my amendment 
on current receipts.
  Mr. WARNER. Mr. President, the distinguished Senator from Nevada went 
over that with me, and that strikes me as a very good day. If a 
Republican Senator desires an amendment, we will work him or her into 
the queue as the case may be.
  Mr. REID. Absolutely.
  Mr. WARNER. Then we might mention also the schedule for Monday?
  Mr. REID. On Monday, we have Senator Levin, Senator Dayton, Senator 
Byrd, and Senator Bingaman, and there may be others as the day 
progresses.
  Mr. WARNER. That is correct. These are the amendments that have been 
forthcoming on the other side of the aisle.
  I am prepared to assist my colleagues on this side if they have 
matters, but we are really working toward what the majority leader, in 
consultation with

[[Page S6979]]

the distinguished Democratic leader, indicates. We are going to 
conclude this bill on Tuesday.
  Mr. REID. We will do our very best--Tuesday night or Wednesday 
morning. But we are doing quite well.
  Mr. WARNER. It is largely due to the tremendous cooperation on both 
sides. So we have the assurance that this will be the completion of the 
work tonight?
  Mr. REID. Absolutely.
  Mr. WARNER. I thank the distinguished leader.
  Mr. REID. There will be no more votes. The Chair already announced 
that. Can the Senator from New York be recognized for 5 minutes?
  The PRESIDING OFFICER. Is there objection? The Senator from New York 
is recognized for 5 minutes.
  Mr. WARNER. And the Senator from Missouri wishes to speak for how 
many minutes?
  Mr. TALENT. I would like 5, but I probably will not use them.
  Mr. WARNER. Five minutes to follow the Senator from New York.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. If the Senator will yield for a unanimous consent, I ask 
unanimous consent the Senator from North Dakota, Mr. Conrad, be added 
as a cosponsor to amendment No. 3432, which has already been agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Amendment No. 3163, as modified

  Mrs. CLINTON. Mr. President, I rise to thank the chairman and ranking 
member for the work they and their staffs have done, along with the 
Senator from Missouri and myself and our staffs, to accept an amendment 
that addresses two issues critical to our men and women in uniform. 
First, through this amendment we are attempting to develop better 
policies and information in order to track the health of soldiers and 
others in uniform after a deployment overseas.
  Second, we are seeking to improve the medical and dental readiness of 
our National Guard members and reservists.
  Last month, Senator Talent and I introduced the Armed Forces 
Personnel Medical Readiness and Tracking Act of 2004. I am delighted 
that many of the ideas we have advocated are included in this 
legislation because of our amendment.
  It has been a pleasure working with my colleague on the Armed 
Services Committee, Senator Talent, and with his staff.
  When I was First Lady, I worked to bring attention to the problems 
and symptoms that many of our veterans returning from the 1991 gulf war 
experienced. This constellation of symptoms came to be known as the 
Gulf War Syndrome.
  During Senate Armed Services Committee hearings in February 2003, 
before the current Iraq war, I asked the Chairman of the Joint Chiefs, 
General Myers, and each of the Service Chiefs, whether they would be 
monitoring and tracking the health of our soldiers who are deployed in 
the gulf.
  They assured me they would. But I am afraid that based on reports 
from soldiers returning from this deployment, we have not done all we 
should to screen and track the health of our soldiers. Indeed, several 
weeks ago we had several soldiers from the 442 MP unit out of 
Orangeburg, NY, who are being treated at Fort Dix for injuries and 
symptoms they incurred in Iraq, including headache, sleeplessness, and 
many others.
  We know very well our enemy stops at nothing. The use of Sarin in an 
artillery shell in Iraq last month demonstrates more than ever the need 
to have adequate information about the health of our young men and 
women.
  The legislation we have championed that is being adopted seeks to 
establish procedures to ensure that the information is systematically 
collected so that, if soldiers return exhibiting certain symptoms, 
there will be a base of information on which we can determine what 
could have caused that.
  The amendment requires the Department of Defense to develop a 
comprehensive plan to improve medical readiness and tracking before, 
during, and after deployment. It establishes a Joint Medical Readiness 
Oversight Committee to advise the Secretary of Defense on the medical 
readiness and health status of members of the active Reserve 
components.
  It requires compliance of the Armed Forces with medical readiness and 
tracking policies. It requires that we develop and implement the annual 
readiness plan.
  The committee will include DOD officials and experts in the military 
service organizations, veterans service organizations, and civilians.
  Finally, current law requires the information about the health of 
soldiers returning from deployment to be collected, but it appears 
these provisions are not being enforced. So we require audits of blood 
serum collection programs, as well as the predeployment and 
postdeployment health assessment database that DOD is supposed to 
maintain.
  These problems have come to light because of our many Guard and 
Reserve members who have been deployed, and we are finding too many 
examples where they don't have the requisite medical readiness and 
where they are not sufficiently tracked.
  This is an effort to do what we should do--the right thing to treat 
our young men and women in uniform. I am hoping it provides a good base 
for us to learn more about what they are supposed to do during their 
deployment in the gulf and elsewhere around the world.
  I thank my colleague from Missouri as well as the chairman and 
ranking member for working with us and I look forward to seeing this 
implemented to further the health of our young men and women.
  Thank you, Mr. President.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. TALENT. Mr. President, I wish to say a few words on our 
amendment, but before I do that, let me take a minute to compliment 
again Senator Bond, who laid down the amendment and Senator Harkin for 
cosponsoring it, to assist former employees in Iowa and Missouri who 
were affected because they worked in plants that produced the atomic 
materials from which we made the atom bombs which won the war and then 
kept us safe.
  Because of their exposure to the radiation, they have become ill and 
they deserve compensation. They are not getting it because of the 
convoluted procedures that are currently in place. We simply want to 
allow them to be treated separately as already occurs with employees in 
the four States.
  I admire the way Senator Bond has fought like a tiger for those 
employees. I have joined him in doing that.
  I appreciate the work of the managers of the bill in trying to figure 
out a way to accept that amendment. I hope we can, indeed, do that. It 
is just a matter of justice for these employees.
  I also wish to speak for a moment about the amendment which Senator 
Clinton and I offered based on the legislation which we sponsored 
together some weeks ago. I want to return her kind words and say it has 
been a pleasure to work with her and her staff on a strong bipartisan 
basis to make these changes which we think are necessary to protect the 
health of our men and women in the military, and also to make certain 
they are ready to be deployed when they need to be deployed. Those are 
the two things we are trying to do.
  Before employees, service men and women are deployed to combat 
theaters, we require that a blood sample be drawn from them, and after 
they return that another blood sample be drawn from them.

  The point is, it has happened too often in the past where service men 
and women coming back from active duty show signs and symptoms of 
illness, and we can't figure out what is wrong. We need baseline blood 
tests so we can tell the extent to which their blood is deviate and 
their health symptoms are deviating from what they were before 
deployment. This will give us a clue as to what is wrong with them so 
we can avoid another gulf war syndrome episode.
  I have had vets from Missouri over several years talking to me about 
this issue. We allow the military to do it today, particularly with 
regard to reservists and guardsmen because it is often not done because 
local commanders want to get them deployed and into the theater.
  This is very important and now it will be the law. I am grateful to 
the managers of the amendment for accepting that part of the amendment.

[[Page S6980]]

  The other point is to simply improve the health of our Active and 
Reserve component service men and women. We put in place a joint 
committee to oversee the medical tracking system that is supposed to be 
in place but isn't implemented as well as it should be.
  We require that reservists receive detailed health assessments at 
least every 2 years. Right now they only get exams every 5 years.
  We require routine health baselines for all our recruits entering the 
armed services so we will know the health status of people when they 
enter the military.
  There are a number of other good measures as well.
  I only have 5 minutes. I imagine I have used most of that.
  Let us say it has been a pleasure to work with the Senator from New 
York and her staff. We are jointly grateful to the Senator from 
Virginia and the Senator from Michigan for their openness on this 
amendment, and we are pleased that it was agreed to and look forward to 
holding it through the rest of the process.
  I yield my time.
  The PRESIDING OFFICER. The Senator from Kansas is recognized.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
pending amendment be set aside.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                           Amendment No. 3235

  Mr. BROWNBACK. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kansas [Mr. Brownback] proposes an 
     amendment numbered 3235.

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To increase the penalties for violations by television and 
radio broadcasters of the prohibitions against transmission of obscene, 
                    indecent, and profane language)

       On page 280, after line 22, insert the following:

     SEC. __. BROADCAST DECENCY ENFORCEMENT ACT OF 2004.

       (a) Short Title.--This section may be cited as the 
     ``Broadcast Decency Enforcement Act of 2004''.
       (b) Increase in Penalties for Obscene, Indecent, and 
     Profane Broadcasts.--Section 503(b)(2) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Notwithstanding subparagraph (A), if the violator 
     is--
       ``(i)(I) a broadcast station licensee or permittee; or
       ``(II) an applicant for any broadcast license, permit, 
     certificate, or other instrument or authorization issued by 
     the Commission; and
       ``(ii) determined by the Commission under paragraph (1) to 
     have broadcast obscene, indecent, or profane language, the 
     amount of any forfeiture penalty determined under this 
     subsection shall not exceed $275,000 for each violation or 
     each day of a continuing violation, except that the amount 
     assessed for any continuing violation shall not exceed a 
     total of $3,000,000 for any single act or failure to act.''; 
     and
       (3) in subparagraph (D), as redesignated by paragraph (1), 
     by striking ``subparagraph (A) or (B)'' and inserting 
     ``subparagraph (A), (B), or (C)''.

  Mr. BROWNBACK. Mr. President, on this amendment, I am being joined by 
Senator Lieberman and Senator Zell Miller.
  It is a simple issue. I want to take a few minutes to explain it. I 
am hopeful we will get strong support in this body as in the House. A 
similar bill came up earlier in the House and it passed that body 391 
to 22. The same issue passed the Commerce Committee in the Senate 14 to 
0 on a recorded vote.
  It is an issue of fines and decency on over-the-air broadcasts--
whether it be radio or television.
  I think it is important to put my comments in context today by 
explaining the policy history of this issue; that is, decency on over-
the-air public airwaves.
  At the invention of television, our Nation established a public 
policy of providing citizens with free over-the-air television. It gave 
broadcasters wishing to provide that service with the use of valuable 
spectrum. Not everyone can broadcast over the Nation's public airwaves. 
These are airwaves owned by the public. That is why the statute 
requires the Federal Communications Commission to evaluate not just the 
ability but the character of an entity to operate.
  When handing out a broadcast license, in return for a license, each 
broadcaster agrees not to air indecent or obscene content between the 
hours of 6 a.m. and 10 p.m. The broadcaster gets a valuable piece of 
spectrum, which is public property. The broadcaster gets the right to 
use that. In exchange, one of the requirements is they not broadcast 
indecent or obscene content between the hours of 6 a.m. and 10 p.m.
  Fines and license revocations have always been the discipline tool 
available to the FCC to help enforce America's longstanding commitment 
to broadcast decency.
  This is an issue about license. It is an issue about the use of 
public property, and some modest limitation of that.
  We live in a nation where we hold the first amendment in high regard, 
as well we should. In an effort to maintain the free exchange of 
information, thoughts, and opinions, we strive to avoid government 
involvement in communications content.
  At the same time, as a nation, we strive to project decency and 
justice for all. As a nation raising children, we do the same. With the 
turning of a tuning knob, or the click of a remote, minors all across 
America are presented with the content of the public airwaves.
  Broadcasters have a legal and a moral duty to ensure that American 
taxpayers--and especially children--are not assaulted by explicit 
material.
  For years, we have been asking and waiting for the broadcasters to 
police themselves in this effort. Unfortunately, instead of fulfilling 
the public interest duty, they have allowed the content to grow 
steadily worse and worse.
  Meanwhile, the companies that own the broadcast stations have grown 
steadily larger--and not surprisingly. Some of these broadcasters' 
profit margins have made them immune to the FCC's current fine 
structure. Let me give you an example.
  Today's maximum fine for an indecent broadcast is $27,500. That seems 
like a lot of money--and it is to some. But it isn't to others. Compare 
that fact to a 30-second commercial during the 2004 Super Bowl which 
cost advertisers an average of $2.3 million for a 30-second ad.

  In the words of the FCC Commissioner, Michael Powell, these fines are 
peanuts to the big media conglomerates. That is why we are here to 
increase the fine structure for indecency and obscene broadcasts. The 
threat of these fines will be taken seriously and force broadcasters to 
protect their consumers from explicit content.
  Nothing in this amendment forges any new ground in broadcast decency 
law. The intent is simple: To increase the fines for indecent 
broadcasts to mask the realities of today's media markets. This 
amendment would increase the maximum fines tenfold, from $27,500 to 
$270,000, with a maximum $3 million cap per incident per day.
  Why do we need to do this? We need this amendment to end the growing 
volume of graphic content on free over-the-air broadcasts. Remember, 
broadcasters profit from exclusive and free use of the public airwaves 
which gives them unique access to all Americans, particularly America's 
youth. With that access to our country's intellectual, moral, and 
social development comes a set of moral and social responsibilities and 
obligations that are agreed to in the licensing process.
  I am very disappointed by the apparent confusion the broadcasters are 
having between the right to do something and the right thing to do when 
it comes to the public airwaves.
  Recently, FOX and VIACOM announced they were going to appeal the FCC 
Bono ruling so they can use the ``F'' word on broadcast television. 
This is their response in spite of the fact that the FCC overturned the 
original rule in response to a fierce public outcry.
  This hostile response the public is getting from broadcasters is 
inexcusable. We see time and again media leaders defending their 
profit-driven

[[Page S6981]]

motives by airing explicit content and then falsely hiding behind their 
so-called first amendment rights. Broadcasters have joined the shock 
jocks of the country to shout down those who publicly question harmful 
content as an anti-first-amendment censor. In abandoning their duty to 
adhere to decency standards, broadcasters point to the absence of 
decency regulations on cable television. This is just a red herring. We 
are talking about public airwaves and a public right to air decent 
material.
  The broadcasters argue they have a right to air indecent, obscene, 
and profane material. But that is a disgraceful abuse of the first 
amendment. I support the first amendment and its guarantees of free 
speech. It is the basis of much of the freedoms we enjoy in our great 
democracy. But there are limits, and particularly here, where we are 
dealing with a public license and the use of public property where the 
licensee has agreed to not broadcast indecent material.
  This principle has been affirmed by the Supreme Court of the United 
States in the famous Pacifica case where it was upheld that the 
Government had the right to protect the public airwaves. This case came 
to the Court in the early 1970s when George Carlin's famous ``filthy 
words monologue'' was broadcast during the middle of the day on a New 
York radio station owned by Pacifica Foundation. A father driving with 
his son heard the broadcast and complained to the FCC. The FCC said 
that if those kinds of words were used again, the radio station airing 
them would be fined. Just like today, the broadcasters challenged the 
ruling and the case went all the way to the Supreme Court. The Court 
upheld the FCC action and added that it could continue to fine 
broadcasters in the future because broadcasters had to take special 
care not to air material that would offend or shock children.

  The majority opinion stressed that of all the forms of communication, 
broadcasting has the most limited first amendment protection because it 
extends into the privacy of the home and is uniquely accessible to 
children.
  The FCC has been too lax for too long enforcing the law on 
broadcasters. A recent public outcry has been a wake-up call for the 
FCC. The Commission told us they do not have all the tools they need 
for effective enforcement. That is why we are here today.
  Passing this legislation will tell the broadcasters that we are 
serious about protecting our airwaves and we will give the FCC updated 
tools to get the job done. I don't know if I need to remind my 
colleagues that this came to the forefront at this year's Super Bowl, 
an event families across the country watch together. At the halftime 
show, the incident between Justin Timberlake and Janet Jackson set off 
a firestorm that had been brewing for a long period of time.
  Finally people said: Look, I have had enough; I don't want to see 
this any more, particularly when I am watching TV with my family. That 
is what launched this forward.
  We have been waiting for years for the broadcasters to voluntarily 
take care of this growing problem. They have failed. Instead, they are 
fighting tooth and nail for the availability to air graphic material so 
they can increase their profit margins.
  America deserves better. That is why we need to make the consequences 
of broadcasting indecency punitive so the standards are no longer 
ignored.
  I urge my colleagues to vote for this amendment. Increasing the fines 
will help clean up our Nation's free, over-the-air television and radio 
by holding accountable broadcasters who use the public airwaves and 
individuals who use the opportunity of a live performance to gain 
notoriety through indecent acts.
  As I noted previously, this has been considered by the Senate 
Commerce Committee and it has passed unanimously in that committee. It 
has been considered previously by the House of Representatives, which 
has voted 391 in favor with only 22 against increasing these fines. 
They actually have some teeth in today's marketplace. I urge my 
colleagues to vote for this amendment.
  I ask for the yeas and nays when we vote on this Monday. I further 
ask unanimous consent that when we go back to this amendment on Monday 
that I be recognized first to speak if there are any further amendments 
that are proposed to this that are to be considered on Monday.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator has requested the yeas and nays.
  Mr. BROWNBACK. Mr. President, I have been informed that we need 
colleagues on the other side to respond to yeas and nays and I will not 
ask for that until we do get that agreement from my colleagues on the 
other side of the aisle.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Montana is recognized.
  Mr. BURNS. Mr. President, I send to the desk a second-degree 
amendment to the pending amendment.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Burns], for himself and Mr. 
     Ensign, proposes an amendment numbered 3457 to amendment No. 
     3235.

  Mr. BURNS. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       At the end of the amendment, add the following:

     SEC.   . ADDITIONAL FACTORS IN INDECENCY PENALTIES; 
                   EXCEPTION.

       Section 503(b)(2) of the Communications Act of 1934 (47 
     U.S.C. 503(b)(2)), as amended by section 102 of this Act, is 
     further amended by adding at the end the following:
       ``(F) In the case of a violation in which the violator is 
     determined by the Commission under paragraph (1) to have 
     uttered obscene, indecent, or profane material, the 
     Commission shall take into account, in addition to the 
     matters described in subparagraph (E), the following factors 
     with respect to the degree of culpability of the violator:
       ``(i) Whether the material uttered by the violator was live 
     or recorded, scripted or unscripted.
       ``(ii) Whether the violator had a reasonable opportunity to 
     review recorded or scripted programming or had a reasonable 
     basis to believe live or unscripted programming would contain 
     obscene, indecent, or profane material.
       ``(iii) If the violator originated live or unscripted 
     programming, whether a time delay blocking mechanism was 
     implemented for the programming.
       ``(iv) The size of the viewing or listening audience of the 
     programming.
       ``(v) The size of the market.
       ``(vi) Whether the violation occurred during a children's 
     television program (as such term is used in the Children's 
     Television Programming Policy referenced in section 
     73.4050(c) of the Commission's regulations (47 C.F.R. 
     73.4050(c)) or during a television program rated TVY, TVY7, 
     TVY7FV, or TVG under the TV Parental Guidelines as such 
     ratings were approved by the Commission in implementation of 
     section 551 of the Telecommunications Act of 1996, Video 
     Programming Ratings, Report and Order, (CS Docket No. 97-55, 
     13 F.C.C. Rcd. 8232 (1998)), and, with respect to a radio 
     broadcast station licensee, permittee, or applicant, whether 
     the target audience was primarily comprised of, or should 
     reasonably have been expected to be primarily comprised of, 
     children.
       ``(G) The Commission may double the amount of any 
     forfeiture penalty (not to exceed $550,000 for the first 
     violation, $750,000 for the second violation, and $1,000,000 
     for the third or any subsequent violation not to exceed up to 
     $3,000,000 for all violations in a 24 hour time period 
     notwithstanding section 503(b)(2)(C)) if the Commission 
     determines additional factors are present which are 
     aggravating in nature, including--
       ``(i) whether the material uttered by the violator was 
     recorded or scripted;
       ``(ii) whether the violator had a reasonable opportunity to 
     review recorded or scripted programming or had a reasonable 
     basis to believe live or unscripted programming would contain 
     obscene, indecent, or profane material;
       ``(iii) whether the violator failed to block live or 
     unscripted programming;
       ``(iv) whether the size of the viewing or listening 
     audience of the programming was substantially larger than 
     usual, such as a national or international championship 
     sporting event or awards program;
       ``(v) whether the obscene, indecent or profane language was 
     within live programming not produced by the station licensee 
     or permittee; and
       ``(vi) whether the violation occurred during a children's 
     television program (as defined in subparagraph (F)(vi)).''.

  Mr. BURNS. This is a friendly second-degree amendment. We have talked 
about and, of course, we know that the bill that has been voted out of 
the committee and is waiting for floor action moves this along.
  We were all shocked and dismayed over the spectacle at the Super Bowl 
this year. Those responsible should be severely punished for such a 
vulgar display of tastelessness.
  That being said, this high-profile, well-publicized incident could 
prompt

[[Page S6982]]

Congress to go too far. In some areas of this bill, we did go too far. 
This second-degree amendment fixes that.
  While I fully support the underlying Brownback legislation, I am 
offering this second-degree amendment to protect the interests of small 
broadcasters that should not be punished for the events outside of 
their control.
  I am sorry I did not see the halftime show during the Super Bowl. I 
saw who it was going to be. It was put on by MTV, which I never watch, 
for very good reason. It ought to be a pay channel. I moved over to the 
poker tournament on ESPN, so I missed the whole spectacle. But, 
nonetheless, lots of families did not.

  In the case of the Super Bowl, for example, many affiliates were 
furious their viewership was exposed to such a spectacle. The amendment 
I offer simply calls on the FCC to consider the size and revenues of 
the stations in question, as well as whether they had anything to do 
with producing the offensive content in question. In other words, we 
have small market television stations that have no control on content 
but may find themselves in a lawsuit for indecent content that might be 
broadcast.
  Finally, I believe, as we approach these issues, we must take a hard 
look at the declining standards across all media. I understand there 
have been industry efforts to develop indecency guidelines that will 
apply fairly and evenly across all media platforms that distribute 
content. I think this approach could prove enormously beneficial in 
setting unified standards so individual broadcasters understand what is 
expected of them. Additional clarity in terms of content standards 
would also eliminate excuses among those who choose to push the 
envelope, the limits of vulgarity for commercial gain.
  Nothing in the broadcast industry has been talked about so much as 
the halftime at this year's Super Bowl. It has absolutely been on the 
minds of broadcasters across this country.
  The American people clearly expect Congress to act on the indecency 
issue. So I call on my colleagues to adopt this second-degree amendment 
I have offered, which will help to produce real solutions without 
unduly penalizing small broadcasters.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWNBACK. Mr. President, in speaking to the Burns second-degree 
amendment, this is an amendment that was considered in the Commerce 
Committee and added to the base bill at that time. What he is proposing 
to do makes a lot of sense. I do not see a problem with that at all, so 
I would be supportive of doing that.
  Overall, we want to get this to move it forward. The House has moved 
on this action. The FCC is seeking this authority. So we really want to 
try to get this to move on through the process, if at all possible. We 
are not having further rollcall votes until Monday, so we will proceed 
at that time, and I will ask for a rollcall vote then.
  Mr. GREGG. Mr. President, earlier today the Senate adopted the Murray 
amendment No. 3427, to facilitate the availability of childcare for the 
children of members of the Armed Forces on active duty in connection 
with Operation Iraqi Freedom or Operation Enduring Freedom.
  I support that amendment but wanted to additionally acknowledge 
efforts that are already underway in the private sector to help support 
those who are risking their lives to keep us safe.
  I would like to speak about the American spirit. We are a people who 
can do great things when united. We have witnessed this in recent 
months with dozens of home-front stories of the many great deeds of 
Americans in support of our troops and our Nation's efforts abroad in 
the war on terror.
  There is Spirit of America, a private group which set out to raise 
$100,000 to build TV stations in Iraq. Americans responded with 
thousands of donations totaling $1.52 million. Federal Express donated 
the domestic shipping costs of the equipment for this gift to the 
country of Iraq. Those stations are being built now and will offer the 
Iraqi people a national and independent news source that is not Al-
Jazeera. This is great.
  This American spirit is also responsible for the gift of 10,000 
school supply kits, 3 tons of medical supplies, and 2 tons of 
`friendship' Frisbees to the Iraqi people, all paid for and donated by 
Americans.
  You hear about American students donating books to Iraqi schools and 
sending letters to Iraqi children.
  And now, thousands of childcare providers have united across the 
country to donate childcare services to National Guard and Reserve 
members home on 2 week R&R leave from Iraq and Afghanistan to allow 
them to carry out personal business, take their spouses out on a date, 
or enjoy other recreational activities while they are home.
  Operation Childcare is an effort of the Nation's network of childcare 
resource and referral, NACCRRA, their local agencies, and thousands of 
childcare providers across the country to give back to those men and 
women who are fighting to keep us safe. This program was designed for 
those members of the military who do not live near military bases and 
therefore do not have access to family support programs provided to 
Active-Duty personnel.

  So far, over 4,700 centers and individual providers have signed on to 
Operation Childcare. In my home State of New Hampshire there are 35 
providers who are donating childcare to our guardsmen and reservists. 
These numbers continue to grow, as more people hear about the program.
  Childcare providers who volunteer their time for Operation Childcare 
will receive official recognition, but I suspect many would agree with 
one childcare provider in Tennessee who said:

       You don't have to recognize me--I am just thrilled and 
     honored to be able to do something to help our troops.

  NACCRRA should be applauded for their efforts in organizing this 
service for our service members.
  This is but a snapshot of the home-front efforts being carried out by 
thousands of Americans across this country. The American people are 
truly united behind our men and women in uniform. This is the American 
spirit that continues to inspire.
  Mr. DeWINE. Mr. President, I am pleased to put my full support behind 
an agreement made between Senators Dodd, McCain, Warner, Levin, and 
Hollings to attach the Assistance to Firefighters Act of 2004, as 
amendment No. 3309, to the pending Department of Defense Authorization 
bill.
  Each day, we entrust our lives and the safety of our families, 
friends, and neighbors to the capable hands of the brave men and women 
in our local police departments. These individuals are willing to risk 
their lives and safety out of a dedication to their citizens and their 
commitment to public service.
  We ask local firefighters to risk no less than their lives, as well, 
every time they respond to an emergency fire alarm, a chemical spill, 
or as we saw on September 11--terrorist attacks. We ask them to risk 
their lives responding to the nearly 2 million reports of fire that 
they receive on an annual basis. Every 18 seconds while responding to 
fires, we expect them to be willing to give their lives in exchange for 
the lives of our families, neighbors, and friends. One hundred 
firefighters lost their lives in 2002 in the line of duty, and nearly 
450 lost their lives in 2001. The unyielding commitment these 
individuals have made to public safety surely deserves an equally 
strong commitment from the Federal Government.
  In 2000, Congress affirmed the value of having a properly trained, 
equipped, and staffed fire service by passing the Firefighter 
Investment and Response Enhancement, FIRE, Act--legislation that 
Senator Dodd and I introduced, along with Congressmen Pascrell, Weldon, 
and many others, on the House side. In the 4 years since the FIRE Act 
became law, fire departments have made significant progress in terms of 
filling the substantial needs outlined in the National Fire Protection 
Association's ``needs assessment.''
  To date, Congress has appropriated nearly $2 billion dollars for the 
FIRE Act program. Virtually every penny of

[[Page S6983]]

that amount has gone directly to local fire departments through FIRE 
grants to provide firefighter personal protective equipment, training 
to ensure more effective firefighting practices, breathing apparatus, 
new firefighting vehicles, emergency medical services supplies, fire 
prevention programs, and other important uses.
  The direct nature of the FIRE Act grant program--funds literally go 
straight from the Federal Government to local fire departments--is an 
extremely important aspect of the law, particularly in light of the 
difficulties we are seeing with other homeland security grant programs 
getting money to flow directly to the intended recipients.
  FIRE Act grants are awarded based on a competitive, peer-review 
process that helps ensure that the most important needs are filled 
first and that funding will be used in an effective manner. I am proud 
to note that 86 of Ohio's 88 counties have received FIRE Act funding up 
to this point and that the fire service in my home state is much better 
prepared to respond to emergencies as a result. The bottom line is 
this: The FIRE Act program has proven to be an extremely valuable tool 
for fire-based first responders.
  The time has come to reauthorize this important legislation--to build 
upon the successes of the original FIRE Act and to refine the program 
where improvements can be made. Amendment No. 3309, which I am offering 
along with Senator Dodd, accomplishes just that.
  Our amendment focuses on four central themes. First, we take steps to 
make the grant program more accessible for fire departments serving 
small, rural communities and to eliminate barriers to participation 
faced by departments serving heavily populated jurisdictions. Second, 
we codify changes made in program administration since its transfer to 
the recently created Department of Homeland Security. Third, the 
amendment increases the emphasis within the program on life-saving 
Emergency Medical Services and technologies. And fourth, we evaluate 
the program through a series of reports to help ensure that resources 
are targeted to the areas of greatest need. These priorities have been 
developed jointly with the fire service, and represent a means to 
strengthen the FIRE Act program for years to come.
  Our amendment would help the FIRE Act program more accessible for 
fire departments serving the very largest and smallest jurisdictions in 
America. Our experience over the past four years has been that a number 
of features in the program make participation difficult for departments 
serving these populations. Career fire departments, most of which serve 
populations well in excess of 50,000, have been receiving only a small 
percentage of the total grants thus far. After consulting with the fire 
service organizations, fire chiefs in my home State of Ohio, and 
officials administering the program at the Department of Homeland 
Security, we have found that there are two main reasons why this has 
been the case.
  First, matching requirements for large departments, currently fixed 
at 30 percent, have been particularly difficult to meet. Second, 
current law dictates that departments--whether they serve a large city, 
such as Cleveland and have numerous fire stations, or a small town, 
such as Cedarville, OH, and have only one station--are eligible for the 
exact same level of funding each year: $750,000. These two elements of 
the current program have caused a number of large fire departments to 
forgo applying for FIRE grants. With respect to smaller, often 
volunteer-based departments serving populations of 20,000 or less, 
budgets are often so limited that meeting the current match is simply 
not possible. Many of these departments struggle with even the most 
basic needs, such as having an adequate number of staff available to 
respond to a structure fire.

  Our legislation addresses each of these problems in a simple and 
straightforward fashion. Specifically, the amendment would reduce 
matching requirements by one third for departments serving communities 
of 50,000, and by one half for departments serving 20,000 or fewer 
residents in order to encourage increased participation by these 
departments. The amendment also would re-structure caps on grant 
amounts to reflect population served, with up to $2,250,000 for 
departments serving one million or more, $1,500,000 for departments 
serving between 500,000 and one million, and $1,000,000 for departments 
serving fewer than 500,000 residents. Together, these two changes would 
go a long way toward increasing the accessibility of the program for 
the very largest and smallest departments in the United States.
  The second major component of our legislation has to do with the 
transfer of the FIRE Act Administration from the Federal Emergency 
Management Administration, FEMA, to the Department of Homeland 
Security, DHS. When FEMA's functions were transferred into the DHS, the 
FIRE grant program, along with the U.S. Fire Administration, also were 
transferred to DHS. As a part of that transfer, formal administration 
of the FIRE grant program has been delegated to the Department to the 
Office of Domestic Preparedness, ODP, which oversees all DHS grant 
programs. While the U.S. Fire Administration--the real fire experts 
within the Federal Government--remains involved, we need to take steps 
to formalize the management of the program following the transfer to 
DHS.
  There are a number of reasons for solidifying program administration 
in law, chief among them being the ability of fire departments across 
our Nation to plan for the future, and the ability to ensure an ongoing 
role for fire experts in the process. First, our amendment gives the 
Secretary of Homeland Security overall authority for the program. This 
just makes sense given the Secretary's current home within ODP. 
Additionally, the amendment would codify in law practices currently in 
use by ODP--peer review by experts from national fire service 
organizations, a formal role for the U.S. Fire Administration, and 
collaborative meetings to recommend grant criteria.
  These steps would benefit the program for years to come and would 
help bring stability to the increasingly mature FIRE grant program. 
Perhaps more importantly, formalizing the role of the U.S. Fire 
Administrator and national fire service organizations would help 
resolve a fundamental tension between the mission of the FIRE Act 
program, to improve firefighting and EMS resources nationwide for all 
hazards, and the mission of its caretaker, ODP, to focus on terrorism 
prevention and response.
  It makes sense for ODP, as the central clearinghouse for grant 
programs within DHS, to manage the FIRE grant program. Equally so, it 
makes sense to build features into the program which would help ensure 
that the FIRE grant program will remain dedicated solely to the fire 
and Emergency Medical Services, EMS, communities and will not be 
diluted over time into a generic terrorism-prevention program. Our 
amendment carefully strikes this balance.
  The third major focus of this amendment is on finding ways to improve 
safety and to save lives. We do this in a number of ways. First, we 
have teamed up with national fire service organizations to incorporate 
firefighter safety research into the fire prevention and safety set-
aside program. This new research, supported by a 20 percent increase in 
funds for the prevention and safety set-aside, would help reduce the 
number of firefighter fatalities each year and would dramatically 
improve the health and welfare of firefighters nationwide.
  Second, we place an increased emphasis on Emergency Medical Services. 
In most communities, the fire department is the chief provider for all 
emergency services, including EMS. To illustrate this point, a 2002 
National Fire Protection Association study indicates that fire 
departments received more than seven times as many calls for EMS 
assistance as they did for fires. When our family members, neighbors, 
and friends need immediate medical help, we turn to EMS providers, and 
we rely on this help to be as effective and timely as possible. It is 
our duty in structuring the FIRE grant program, then, to do everything 
we can to give EMS squads the assistance they need to carry out this 
important mission.
  Despite the overwhelming ratio of EMS calls to fire calls, the FIRE 
grant program has not adequately reflected the importance of EMS over 
the past few years, with about 1 percent of all grants going 
specifically for EMS purposes. While there is no question that a

[[Page S6984]]

number of other grants have indirectly benefited EMS and that 
departments do invest their own money into this service, more can and 
should be done through the FIRE Act to boost our EMS capabilities 
nationwide. To accomplish this goal, we do a number of things in the 
amendment, including specifically including fire-based EMS 
professionals in the peer review process and allowing EMS grant 
requests to be combined with those for equipment and training. We have 
already seen evidence that new, combined structure is making excellent 
progress this year in shifting a greater emphasis to EMS within the 
program.

  Additionally, we include language to incorporate independent, 
nonprofit EMS squads into the FIRE grant program for the first time. 
While our work with national fire service organizations on this 
particular provision has been productive and is ongoing, its intent is 
clear--and that is to try to bring the emphasis within the FIRE grant 
program on EMS closer to the level of demand in the field for this 
life-saving service. I am pleased that we have this language in the 
amendment and believe that through markup in the Commerce Committee 
next month, and perhaps later during conference consideration of the 
underlying bill, we can find an even better solution for increasing 
support for EMS.
  Third, we create a new incentive program within the FIRE Act that 
encourages departments to invest in life-saving Automated External 
Defibrillator, AED, devices. These devices are capable of dramatically 
reducing the number one cause of firefighter death in the line of 
duty--heart attacks. Our incentive program essentially says to fire 
departments that if you equip each of your firefighting vehicles with a 
defibrillator unit, we will give you a one-time discount on your 
matching requirement. Congress has expressed, time and again, strong 
support for getting these devices out to communities through various 
grant programs. It is our hope that we can maintain that commitment by 
extending support for lifesaving defibrillator technologies to fire 
departments across the country.
  Fourth, we eliminate a burdensome and unintended matching requirement 
for fire prevention grants. These grants generally go to non-profit 
organizations, such as National SAFE KIDS, to provide for fire safety 
awareness campaigns, smoke detector installations in low-income 
housing, and other important prevention efforts. Though no match was 
required in the first few years of the program, a recent legal opinion 
from the Office of Domestic Preparedness has reversed course and 
instituted a 10 percent match for grantees. This unanticipated 
requirement, which is extremely difficult for nonprofits with limited 
capital, has had a debilitating effect on the prevention program and 
needs to be eliminated. Our legislation does just that.
  Together, these commonsense features of our amendment would 
dramatically improve the safety of our communities, as well as the 
firefighters who bravely serve them.
  The fourth section of this amendment centers on a comprehensive 
review of the FIRE grant program. This review, to be conducted in part 
by the National Fire Protection Association, and in part by the General 
Accounting Office, GAO, seeks to evaluate the program with an eye 
toward ensuring that resources are targeted to the areas of greatest 
need. A similar study by the National Fire Protection Association 
conducted shortly after passage of the initial FIRE Act was extremely 
helpful as far as identifying the nature of the fire service needs. 
Ultimately, this part of the amendment is about making sure that the 
billions of taxpayer dollars authorized by this legislation are used in 
the most responsible and effective manner possible.
  Our amendment is a good amendment. It is comprehensive and 
collaboratively drafted with input from fire and emergency services 
experts from across the country. The National Safe Kids Campaign, the 
International Association of Fire Fighters, the International 
Association of Fire Chiefs, the National Volunteer Fire Council, the 
International Association of Arson Investigators, the International 
Society of Fire Service Instructors, and the National Fire Protection 
Association, among others, all support our legislation.
  Furthermore, the process agreed upon between Senators Dodd, McCain, 
and Warner for consideration of our amendment is a good process. 
Senator McCain, in his capacity as chairman of the Committee of 
jurisdiction--the Commerce Committee--has graciously agreed to allow 
our amendment to be attached to the underlying bill, with the 
expectation that language reported out of his committee next month will 
be inserted in its place during conference negotiations. This 
arrangement gives our legislation the best possible opportunity to pass 
the Senate, with the added benefit of thorough deliberative 
consideration through the committee structure. I appreciate Chairman 
McCain's, and ranking member Hollings' willingness to take this 
approach, Senator Dodd's hard work to reach a positive resolution to 
the matter, and Senators Warner and Levin's willingness to facilitate 
this agreement by accepting the amendment at this time. The efforts of 
all three Senators deserve the praise of the firefighting community.
  As was the case in 2000, the Department of Defense authorization bill 
has become the vehicle of choice for the FIRE Act legislation. I am 
optimistic that the final result this year will be the same as it was 
then, concluding with passage of our amendment into law. I am proud to 
introduce this amendment with my friend and colleague from Connecticut 
and look forward to working to ensure that the Federal Government 
increases its commitment to the men and women who make up our local 
fire departments. We owe them and their service and dedication nothing 
less than our full support.


                  science & technology funding levels

  Mr. SANTORUM. Mr. President, I rise today to engage the distinguished 
Senator from New Mexico, Senator Jeff Bingaman, concerning the 
Department of Defense Science and Technology--S&T--program. Senator 
Bingaman and I are both former members of the Senate's Committee on 
Armed Services and have a deep appreciation for the importance of the 
Department of Defense's S&T program in meeting current and future 
defense needs.
  Mr. BINGAMAN. The Senator from Pennsylvania is correct in noting our 
strong support for the Department's S&T programs. During the 106th 
Congress, I introduced an amendment--SA 199--cosponsored by Senators 
Santorum, Kennedy, and Lieberman, to S. Con. Res. 20, the Senate's 
Budget Resolution for Fiscal Year 2002, that was designed to ensure the 
long-term national security of the United States through a robust 
Department of Defense S&T program. Additionally, during the 105th 
Congress, I introduced an amendment--SA 2999--cosponsored by Senators 
Santorum and Lieberman, to S. 2057, the Fiscal Year 1999 National 
Defense Authorization Act, articulating a sense of the Senate on the 
ideal level of funding for our Department of Defense's S&T program.
  Mr. SANTORUM. The Senator from New Mexico is correct. He has been a 
strong advocate for our Department of Defense S&T program for many 
years. It is worth noting that together, we have succeeded in raising 
the profile of these budget accounts and helped to influence the levels 
requested for the S&T program in the annual budget request submitted by 
this and other administrations. I also want to thank Senator Bingaman 
for his support for my amendment--SA 182--to H. Con. Res. 83, the 
Senate's Budget Resolution for Fiscal Year 2002, which sought to 
increase funding devoted to the Department of Defense's Basic 
Research--6.1--account. It is by investing in these budget accounts 
that we will reap the technology benefits that will sustain our 
military edge over our adversaries.
  Mr. BINGAMAN. We also agree that by funding these vital programs at 
over 3 percent of the total Defense Department budget, we will be 
demonstrating a commitment and leadership in an area critical to U.S. 
national security. Past research carried out with S&T program funding 
has provided the foundation for protecting U.S. military personnel and 
ensuring U.S. technological superiority on the battlefield. Hand-held 
translators, unmanned systems, thermobaric bombs, and laser-guided and 
global positioning systems are just a few examples of the many 
technologies resulting from S&T investments that are used today to 
remove personnel from harm's way, enhance

[[Page S6985]]

battlespace awareness, and address new threats.
  Mr. SANTORUM. Additionally, we are united in advocating continued 
support for these critical programs so we can meet our national 
security needs of tomorrow. The Department of Defense's S&T program 
provides a unique contribution to the job of equipping and protecting 
our men and women in uniform and defending America. S&T funding 
supports education and training for future scientists and engineers--
leading to technological advancements that shape defense technologies, 
including engineering, mathematics, and physical, computer and 
behavorial sciences. Throughout the decades of the 1950s, 1960s, 1970s 
and 1980s, the Department of Defense and other federal agencies 
sustained their commitments to these investments in American 
universities. This investment can be measured by the number of systems 
relied upon by America today to project power and maintain our 
interests around the globe.
  Mr. BINGAMAN. Furthermore, American universities offer the Department 
of Defense the laboratories and knowledge base necessary to 
successfully complete this transformation objective. The Department of 
Defense has historically played a major federal role in funding basic 
research and has been a significant sponsor of engineering research and 
technology development conducted in American universities.
  Mr. SANTORUM. Senator Bingaman is correct. For over 50 years, 
Department of Defense investment in university research has been a 
dominant element of the Nation's research and development 
infrastructure and an essential component of the United States capacity 
for technological innovation.
  Mr. BINGAMAN. I thank Senator Santorum for his observations on the 
importance of robust Department of Defense S&T program funding, and I 
urge that we continue to advocate funding the S&T program at a level of 
at least at 3 percent of the total Department of Defense appropriation.
  Mr. SANTORUM. The Senator is correct in his statement and I too 
support the 3 percent S&T program funding goal.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________